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SIERRA CLUB v. LEAVITT

No. CIV.A.04-094(RBW).

355 F.Supp.2d 544 (2005)

SIERRA CLUB, et al., Plaintiffs, v. Michael O. LEAVITT, Administrator, United States Environmental Protection Agency, Defendant.

United States District Court, District of Columbia.

February 9, 2005.

Attorney(s) appearing for the Case

James S. Pew, Earthjustice, Washington, DC, for Plaintiffs.

Eileen T. McDonough, Lois Godfrey Wye, U.S. DOJ—Environmental Defense Section, Washington, DC, for Defendant.

MEMORANDUM OPINION

WALTON, District Judge.

The plaintiffs have filed this action to "compel the ... [Administrator of the Environmental Protection Agency ("EPA"),] to take actions required by 40 C.F.R. § 80.1045." Complaint for Declaratory and Injunctive Relief ("Compl.") ¶ 1. This regulation provides that "no later than July 1, 2003, the Administrator shall propose any requirements to control hazardous air pollutants from motor vehicles...

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