ELR Citation: 48 ELR 20015
No(s). 3:17-cv-00796 (D. Conn. Feb 7, 2018) (Edington, J.)

A district court held that EPA failed to act when it did not rule within 60 days on Connecticut's petition concerning upwind pollution. In June 2016, Connecticut filed a petition pursuant to §126(b) of the CAA for EPA to make a finding that Brunner Island is emitting air pollutants that significantly contribute to nonattainment or interfere with maintenance of the 2008 ozone NAAQS in Connecticut. In July 2016, EPA announced that it was granting itself a six-month extension, until January 25, 2017, to take action on the petition in order to complete notice-and-comment rulemaking and hold a public hearing. In a letter dated March 9, 2017, Connecticut provided EPA with notice of its intent to sue. The Agency admitted fault but requested until the end of 2018 to make a decision. The court denied EPA's request and ordered that EPA hold a public hearing in 30 days and granted the Agency 60 days to make a decision.