ELR Citation: 54 ELR 20168
No(s). 22-cv-3134 (APM) (D.D.C. Dec 12, 2024) (Mehta, J.)

A district court granted in part environmental groups' motion for summary judgment in a CAA citizen suit concerning EPA's duty to update emissions standards for hazardous waste combustors. The groups sought declaratory judgment stating that EPA failed to comply with its obligations and injunctive relief mandating that the Agency review and revise the standards or determine that such revision is not necessary by a certain date. Both parties agreed that over eight years had passed since the Agency promulgated standards, and that it had not completed the required risk and technology review (RTR), but the groups argued EPA had failed to demonstrate it was "impossible" to complete the rulemaking before its proposed date of August 14, 2026. The court found EPA did not establish that it needed that long to finish the rulemaking, and ordered it to complete the RTR by December 31, 2025.