ELR Citation: 48 ELR 20057
No(s). 16-cv-1074 (D.D.C. Mar 31, 2018) (Jackson, J.)

A district court ordered EPA to promulgate revised CAA emission standards for nine industrial sectors by October 1, 2021. Environmental groups wanted the overdue rulemakings to be completed within two years, while the Agency requested seven years. The court determined that three and a half years was reasonable in this case. The groups' timeline was too compressed to afford any reasonable possibility of compliance. But EPA failed to demonstrate that its proposed schedule is the fastest possible plan for completing the instant rulemakings. Nor did the Agency say it would be impossible to reallocate existing personnel from other parts of the Agency or to hire new personnel to begin performing at least part of the overdue rulemakings now. In addition, EPA has indicated publicly that it has no need for additional resources with respect to its CAA responsibilities.