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WILDEARTH GUARDIANS v. JACKSON

Civ. No. 12-035 BB/WPL.

885 F.Supp.2d 1112 (2012)

WILDEARTH GUARDIANS, Plaintiff, v. Lisa P. JACKSON, in her official capacity as Administrator, United States Environmental Protection Agency, Defendant.

United States District Court, D. New Mexico.

August 2, 2012.

Attorney(s) appearing for the Case

Samantha Ruscavage-Barz , Wildearth Guardians, Santa Fe, NM, for Plaintiff.

Eileen McDonough , U.S. Department of Justice, Environmental Defense Section, Washington, DC, for Defendant.

MEMORANDUM OPINION

BRUCE D. BLACK, District Judge.

Section 304(a)(2) of the Clean Air Act ("CAA") provides that any person can sue the Administrator of the Environmental Protection Agency "where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary." 42 U.S.C. § 7604(a)(2). Relying on this provision, WildEarth Guardians ("Guardians") filed this action alleging that Lisa P. Jackson...

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