EPA Urges DC Circ. To Toss Suit Over Operating Permit Policy

Law360, Los Angeles (October 28, 2013, 4:02 PM EDT) -- The U.S. Environmental Protection Agency on Thursday urged the D.C. Circuit to dismiss for lack of jurisdiction an industry organization's lawsuit over an agency memorandum regarding the applicability of a Sixth Circuit ruling on permitting requirements for industrial sites, saying the document isn't a reviewable final agency action.

The EPA said in an Oct. 24 response brief that the National Environmental Development Association's Clean Air Project — a coalition of U.S. manufacturers — doesn't have standing to sue over the EPA's December memo because it has...
To view the full article, register now.