ELR Citation: 42 ELR 20104
No(s). 11-cv-5651-YGR, -5694-YGR (N.D. Cal. May 7, 2012) (Gonzales Rogers, J.)

A district court held that EPA does not have a mandatory duty to review and, if necessary, promulgate new PSD rules for ozone simply because the NAAQS for ozone has been revised. The history of the CAA and its numerous amendments unambiguously demonstrates that Congress differentiated duties ste...