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SIERRA CLUB v. BROWNER

No. Civ. A. 98-2733(CKK).

130 F.Supp.2d 78 (2001)

SIERRA CLUB, et al., Plaintiffs, v. Carol M. BROWNER, et al. Defendants.

United States District Court, District of Columbia.

January 29, 2001.

Attorney(s) appearing for the Case

Lewis C. Green, Green, Hennings & Henry, St. Louis, MO, Joseph Mendelson, III, International Center for Technology Assessment, Washington, DC, Douglas R. Williams, St. Louis University School of Law, St. Louis, for Plaintiffs.

Eileen McDonough, U.S. Dept. of Justice, Environment and Natural Resources Division, Kendra Sagoff, U.S. Environment Protection Agency, Office of General Counsel, Washington, DC, Robert Patrick, Office of Regional Counsel, Kansas City, for Defendant.

Jeremiah W. Nixon, Attorney General, James Robert Layton, Joseph P. Bindbeutel, Timothy Duggan, Jefferson City, MO, for Intervenor State of Missouri.

James E. Ryan, Attorney General, Matthew J. Dunn, Thomas Davis, Office of the Attorney General, Springfield, IL, for Intervenor State of Illinois.

Jeffrey R. Gans, Douglas L. Patin, Washington, DC, Bradley S. Hiles, David R. Erickson, Blackwell Sanders Peper Martin, St. Louis, MO, for AIM-AGC Intervenors.

MEMORANDUM OPINION

KOLLAR-KOTELLY, District Judge.

Seeking relief under the Clean Air Act, 42 U.S.C. § 7401 et seq. (CAA), Plaintiffs Sierra Club and Missouri Coalition for the Environment filed two separate complaints alleging that Defendant Carol M. Browner, Administrator of the Environmental Protection Agency, had failed to enforce the Act and perform nondiscretionary statutory duties.1 These duties include publication...

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