EPA Calls Regs Cited In Feed Lot Pollution Suit 'Discretionary'

Law360, Chicago (September 11, 2012, 3:22 PM EDT) -- The U.S. Environmental Protection Agency asked an Iowa federal court Monday to dismiss a complaint demanding that the agency regulate air pollutants from animal feeding operations under the Clean Air Act, arguing the plaintiffs sued under the wrong statute and in the wrong court over actions that are discretionary.

The EPA is fighting a suit launched in July by four residents of Winneshiek County, Iowa, under the Administrative Procedure Act. They allege the EPA unlawfully withheld or unreasonably delayed action by not including certain pollutants emitted...
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