MEMORANDUM — DECISION & ORDER
McAVOY, Chief Judge.
The State of New York brings this citizen suit pursuant to the Clean Air Act of 1990 (the "Act"), 42 U.S.C. § 7604, as amended, against defendants, the Environmental Protection Agency and its Administrator, seeking to compel them to perform their nondiscretionary duties under 42 U.S.C. § 7651 note, Clean Air Act Amendments ("CAAA"), 1990 Pub.L. 101-549, § 404, 104 Stat. 2632 (1990...
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