Two environmental groups have sued EPA alleging that the agency has failed to promulgate federal implementation plans (FIPs) to address national ambient air quality standards (NAAQS) for ozone in some non-compliant states and failed to take final action on state implementation plans (SIPs) for ozone standards in other states. Sierra Club v. Jackson, No. 10-4060 (N.D. Cal. filed 9/9/10).
The complaint alleges that these failures to act involve nondiscretionary duties under the Clean Air Act and seeks an order compelling EPA to “undertake [these] long-overdue duties.” According to the complaint, EPA promulgated existing air quality stands in 1997 and determined which states had completed plans in 2008, but still failed to act.