NEW YORK PUBLIC INTEREST RESEARCH GROUP v. WHITMAN

Nos. CIV.A.02-CV-337 ESH, CIV.A.02-CV-338 ESH.

214 F.Supp.2d 1 (2002)

NEW YORK PUBLIC INTEREST RESEARCH GROUP, INC., Plaintiff, v. Christine T. WHITMAN, in her official capacity as Administrator, United States Environmental Protection Agency, and the United States Environmental Protection Agency, Defendants. Sierra Club Plaintiff, v. Christine T. Whitman, in her official capacity as Administrator, United States Environmental Protection Agency, and the United States Environmental Protection Agency, Defendants.

United States District Court, District of Columbia.

August 22, 2002.


Attorney(s) appearing for the Case

Robert Ukeiley, Atlanta, GA, Keri Powell, Washington, DC, for Plaintiff.

Eric G. Hostetler, U.S. Department of Justice, Environmental Defense Section, Washington, DC, for Defendants.


MEMORANDUM OPINION

HUVELLE, District Judge.

Plaintiffs seek discovery to bolster their claim that because the Environmental Protection Agency ("EPA") has failed to respond to Clean Air Act ("CAA") petitions within the sixty-day statutory deadline, 42 U.S.C. § 7661d(b)(2), they are entitled to far-reaching injunctive relief that would force the EPA to perform future nondiscretionary duties in a timely fashion. As explained more fully below, no...

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