ELR Citation: 50 ELR 20095
No(s). 18-5328 (D.C. Cir. Apr 17, 2020)

The D.C. Circuit affirmed dismissal of an environmental group's request to compel EPA to produce guidelines for commercial or industrial solid waste incinerators (CISWI) and other categories of solid waste incinerators (OSWI). The group argued that the Agency failed to comply with nondiscretionary duties under §129 of the CAA to finalize federal implementation plans (FIPs) for the 2013 CISWI standards and the 2005 OSWI standards, because the Act established a two-year deadline to develop, implement, and enforce FIPs. A district court found that the CAA did not establish a date-certain, nondiscretionary deadline, and thus dismissed the group's claim for lack of subject matter jurisdiction. The appellate court agreed, finding that EPA did not have a nondiscretionary duty to impose an FIP on a noncompliant state. It therefore affirmed dismissal.