1 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

AMERICAN LUNG ASSOCIATION 

1301 Pennsylvania Avenue, NW, Suite 800 

Washington, DC 20004, 

ENVIRONMENTAL DEFENSE FUND 

257 Park Avenue South, 17th Floor 

New York, NY 10010, 

CLEAN AIR COUNCIL, 

Suite 300, 135 South 19th Street 

Philadelphia, PA 19103, and 

ENVIRONMENT AND HUMAN HEALTH, 

INC. 

1191 Ridge Road 

North Haven, CT 06473, 

Plaintiffs, 

v. 

REGINA MCCARTHY, Administrator, United 

States Environmental Protection Agency, in her 

official capacity 

Ariel Rios Building 

1200 Pennsylvania Avenue, NW 

Washington, DC 20460, 

Defendant. 

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) Civil Action No. ______________ 

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)

) COMPLAINT FOR 

) DECLARATORY AND INJUNCTIVE 

) RELIEF 

) 

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INTRODUCTION 

1. Plaintiffs American Lung Association, Environmental Defense Fund, Clean Air Council, 

and Environment and Human Health, Inc. bring this action pursuant to the Clean Air Act (the 

“Act”), 42 U.S.C. §§ 7411, 7604(a)(2), to compel Defendant Regina McCarthy, in her official 

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 1 of 14
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capacity as Administrator of the United States Environmental Protection Agency (“EPA”), to 

comply with her nondiscretionary duty under section 111(b)(1)(B) of the Act to review and 

revise, as appropriate, the new source performance standards for new residential wood heaters. 

42 U.S.C. § 7411(b)(1)(B). This category of sources includes high-emitting stationary wood 

stoves, furnaces, and boilers discharging large volumes of wood smoke that harms human health, 

adversely impacts property values, and is a significant source of dangerous particulate pollution 

despite the wide availability of cleaner and highly cost-effective technologies. 

JURISDICTION AND VENUE 

2. This Court has jurisdiction over this action pursuant to 42 U.S.C. § 7604(a)(2) (citizen 

suits for failure to perform a nondiscretionary duty required by the Clean Air Act) and 28 U.S.C. 

§§ 1331 and 1361. The relief requested herein by Plaintiffs is authorized under 42 U.S.C. § 7604 

and 28 U.S.C. §§ 2201, 2202, and 1361. 

3. By certified letter to EPA Administrator Regina McCarthy posted on August 1, 2013, 

Plaintiffs gave notice of this action as required by section 304(b)(2) of the Clean Air Act, 42 

U.S.C. § 7604(b)(2), and 40 C.F.R. Part 54. 

4. More than 60 days have passed since EPA received the notice letter from Plaintiffs, but 

EPA has not remedied the violations alleged in the notice letter and in this Complaint. 

5. Venue is proper in this Court under 28 U.S.C. § 1391(e) because Defendant EPA 

Administrator Regina McCarthy has her principal office here and a substantial part of the events 

or omissions giving rise to the claims occurred here. 

PARTIES 

6. Plaintiff American Lung Association is a national voluntary health organization dedicated 

to saving lives by improving lung health and preventing lung disease. Core to that mission is the 

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 2 of 14
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Lung Association’s commitment to protect the public from unhealthy air pollution. The Lung 

Association acts to defend and enforce the Clean Air Act and works to ensure that EPA 

establishes protective standards to reduce air pollution so that all Americans can have air that is 

safe and healthy to breathe. Now in its second century, the Lung Association pursues its mission 

through research, education and advocacy. 

7. Plaintiff Environmental Defense Fund (“EDF”) is a national membership organization 

with over 300,000 members residing throughout the United States. EDF works to link science, 

economics, and law to create innovative, equitable, and cost-effective solutions to the most 

urgent environmental problems. EDF is dedicated to carrying out the interests of its members in 

protecting and enhancing the quality of the human and natural environment by, among other 

things, advocating the deployment of effective pollution control technologies, the design of 

national policies to reduce air pollution, the use of adequate information and rigorous science in 

governmental decisions affecting the environment, and promoting the availability of sound 

public information regarding the state of human health and the environment, including the 

impacts and extent of air pollution. Protecting public health and the environment from harmful 

airborne pollutants is a core organizational mission, and EDF regularly participates in regulatory 

and judicial proceedings on air pollution policy at the federal and state levels. 

8. Plaintiff Clean Air Council is dedicated to protecting the right to breathe clean air and has 

fought for more than 40 years to improve air quality across Pennsylvania. On behalf of its more 

than 8,000 members in the mid-Atlantic region, the Council works through public education, 

community advocacy, and government oversight to ensure the enforcement of environmental 

laws. Reducing air emissions from wood heaters by ensuring the most protective standards are 

adhered to and the best pollution control technology is applied is an organizational priority for 

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 3 of 14
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the Council because of the rapidly increasing use of these systems in the mid-Atlantic and the 

impact of their emissions on the Council’s members. 

9. Plaintiff Environment and Human Health, Inc. (“EHHI”) is a non-profit organization 

headquartered in Connecticut and composed of physicians, public health professionals and policy 

experts dedicated to protecting human health from environmental harms. EHHI works to 

communicate information about environmental health risks to those exposed and to public and 

private officials, thereby empowering individuals and groups to take control over the quality of 

their environment and protect themselves and their families, and to promote policies in all 

sectors that ensure the protection of human and environmental health. EHHI has published 

reports on the dangers of wood smoke and has advocated at all levels of government for the 

control of air pollution from wood heaters. 

10. Plaintiffs are persons within the meaning of Clean Air Act sections 302(e) and 304(a), 

who bring this action on behalf of themselves; Plaintiffs American Lung Association, 

Environmental Defense Fund, and Clean Air Council also bring this action on behalf of their 

adversely affected members. See 42 U.S.C. §§ 7604(a) (authorizing “any person” to commence 

a civil action under that provision), 7602(e) (defining “person” under the Clean Air Act to 

include an association). 

11. Defendant Regina McCarthy is the Administrator of the U.S. Environmental Protection 

Agency, and in that capacity is charged with the duty to fulfill each of the responsibilities 

delegated to her, and to fulfill the objectives of the Clean Air Act and take all regulatory actions 

required therein. She is sued in her official capacity. 

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 4 of 14
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STATUTORY AND REGULATORY BACKGROUND 

12. A central purpose of the Clean Air Act is “to protect and enhance the quality of the 

Nation’s air resources so as to promote the public health and welfare and the productive capacity 

of its population.” 42 U.S.C. § 7401(b)(1). The Act also has a primary goal “to encourage or 

otherwise promote reasonable Federal, State, and local governmental actions, consistent with the 

provisions of this chapter, for pollution prevention.” Id. § 7401(c). 

13. To further these objectives, the Act requires the Administrator of EPA to publish a list of 

each category of stationary source that “causes, or contributes significantly to, air pollution 

which may reasonably be anticipated to endanger public health or welfare.” Id. § 7411(b)(1)(A); 

see also id. § 7411(a)(3) (defining “stationary source”). 

14. Once the Administrator has listed such a source category, the Administrator must 

promulgate federal standards of performance to control emissions from new sources in that 

category. Id. § 7411(b)(1)(B). 

15. These standards of performance must “reflect[] the degree of emission limitation 

achievable through the application of the best system of emission reduction which (taking into 

account the cost of achieving such reduction and any nonair quality health and environmental 

impact and energy requirements) the Administrator determines has been adequately 

demonstrated.” Id. § 7411(a)(1). EPA refers to this level of control as reflecting the application 

of the “best system of emission reduction.” 

16. To ensure that the standards of performance continue to reflect the best system of 

emission reduction, the Clean Air Act requires that the Administrator “shall, at least every 8 

years, review and, if appropriate, revise such standards following the procedure required by this 

subsection for promulgation of such standards.” 42 U.S.C. § 7411(b)(1)(B). 

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 5 of 14
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17. The required determination of whether it is appropriate to revise existing standards, and 

the standard-setting itself, must be subjected to public notice to “afford interested persons an 

opportunity for written comment.” Id. The Act also specifies rulemaking procedures for “the 

promulgation or revision of any standard of performance under section 7411 of this title.” Id. § 

7607(d)(1)(C); see id. § 7607(d)(2)-(10). 

18. As part of the required revision of, or the determination not to revise, any such standard, 

the Administrator must address whether “implementation and enforcement of any requirement of 

this chapter indicate that emission limitations and percent reductions beyond those required by 

the standards promulgated under this section are achieved in practice.” Id. § 7411(b)(1)(B). If 

so, the Administrator must “consider the emission limitations and percent reductions achieved in 

practice” when revising such a standard. Id. 

19. The Act permits the Administrator to forego the required review of the standards for a 

source category only if the Administrator “determines that such review is not appropriate in light 

of readily available information on the efficacy of such standard.” Id. 

FACTUAL BACKGROUND 

20. In 1987, EPA made the determination that wood heaters “contribute significantly to air 

pollution which may reasonably be anticipated to endanger public health and welfare,” and 

added this source category to the list established under 42 U.S.C. § 7411(b)(1)(A). Standards of 

Performance for New Stationary Sources; Listing of Residential Wood Heaters for Development 

of New Source Performance Standards, 52 Fed. Reg. 5065, 5065-66 (Feb. 18, 1987) (“1987 

Listing Determination”). 

21. In its 1987 Listing Determination, EPA found that this source category accounts for 

“about 15 percent” of particulate matter (“PM”) emissions nationwide. 52 Fed. Reg. at 5066. 

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 6 of 14
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Moreover, because their use is concentrated in certain parts of the country, EPA found that 

“[w]ood heaters create significant air quality problems” in such areas. Id. EPA also noted that 

“[m]ore than 80 percent of the PM emissions from wood heaters are smaller than 2.5 

micrometers and almost all particles are less than 10 micrometers,” a size which enables these 

PM emissions to “penetrate to the tracheo-bronchial and alveolar regions of the lung.” Id. EPA 

further explained that “[d]eposition in this region of the lung is of concern because the body may 

take years to remove the particles and repair the damage they cause. Exposure to these small 

particles can increase coughing and chest discomfort, aggravate cardiovascular diseases, and 

may increase the adverse health effects of gaseous air pollutants.” Id. 

22. EPA also found in its 1987 Listing Determination that this source category emits other 

harmful pollutants in addition to PM. For example, EPA noted that wood heaters “emit large 

quantities” of carbon monoxide. Id. EPA also observed that “[a] portion of the PM emitted from 

wood heaters is in the form of polycyclic organic matter (POM), a class of compounds 

containing carcinogens. Wood heaters account for most of the POM emitted by stationary 

sources.” Id. And EPA affirmed that these pollutants are “released at low heights in residential 

areas,” causing “relatively high levels of exposure to human populations.” Id.

23. In 1988, EPA promulgated standards of performance for new wood heaters pursuant to 

42 U.S.C. § 7411(b)(1)(B). See Standards of Performance for New Stationary Sources; New 

Residential Wood Heaters, 53 Fed. Reg. 5860 (Feb. 26, 1988) (codified at 40 C.F.R. Part 60, 

Subpart AAA). These standards limit PM emissions from certain types of new wood heaters. 

See 40 C.F.R. § 60.532 (PM standards); id. § 60.530(h) (exempting certain types of wood 

heaters). Depending on whether a regulated wood heater is equipped with a catalytic filter, 

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 7 of 14
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EPA’s 1988 standards limit PM emissions to either 4.1 grams per hour (“g/hr”) or 7.5 g/hr. Id. § 

60.532(b)(1) & (2). 

24. In the 25 years since EPA issued its emission standards, wood smoke pollution has 

continued to endanger public health in part due to EPA’s failure to undertake needed revisions to 

these standards. High-emitting residential wood stoves, furnaces, and boilers continue to 

account for approximately 13% of the nation’s PM emissions and 62% of total emissions of 

polycyclic aromatic hydrocarbons, according to EPA. In certain areas of the country, these 

sources account for the majority of wintertime PM emissions, and contribute to violations or 

threatened violations of health-based air quality standards for PM. Moreover, EPA’s latest 

Integrated Science Assessment for Particulate Matter, completed in 2009, reported studies that 

specifically found wood smoke associated with an increased risk of cardiovascular mortality, as 

well as increased emergency department visits from cardiovascular disease, and respiratory 

diseases. See EPA, Integrated Science Assessment for Particulate Matter (2009) (EPA Doc. No. 

EPA/600/R-08/139F). Recent scientific literature has also highlighted the variety of toxic and in 

some cases potentially carcinogenic pollutants that make up wood smoke, as well as the role of 

wood smoke exposure in contributing to childhood asthma, asthma hospitalizations, and 

impaired lung function in children. See Luke P. Naeher et al., Woodsmoke Health Effects: A 

Review, 19 Inhalation Toxicology 67, 83-87 (2007). 

25. Improvements in technology have enabled reductions in PM emissions far below the 

levels EPA requires, and as a result, EPA’s standards of performance no longer reflect the 

application of the best system of emission reduction. For example, the State of Washington 

requires wood stoves, furnaces, and boilers to meet PM emission standards that are 40 percent 

more stringent than EPA’s standards of performance. See WASH. ADMIN. CODE § 173-433-

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 8 of 14
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100(3) (applying PM standards as low as 2.5 g/hr). Moreover, EPA’s own data shows that many 

of these sources far surpass even the Washington standards, achieving PM emission rates of less 

than 1 g/hr. See EPA, List of EPA Certified Wood Stoves (Aug. 2013), available at

http://www.epa.gov/burnwise/woodstoves.html (last visited Oct. 8, 2013). 

26. Another impact of EPA’s failure to review the standards of performance for this source 

category according to the Act’s prescribed schedule is that some types of high-emitting wood 

stoves, furnaces, and boilers that are exempt from EPA’s standards have gained market share 

since 1988 and now account for a significant percentage of new sales and emissions. For 

example, outdoor wood boilers – which are exempt from the current standards of performance – 

have grown in popularity since 1988. See New York Office of the Attorney General, Smoke Gets 

in Your Lungs: Outdoor Wood Boilers in New York State 5 (Mar. 2008). EPA has found that a 

single poorly-controlled outdoor wood boiler can emit enough small particles to cause nearby 

PM levels to exceed EPA’s health-based ambient air quality standards. See EPA, Strategies for 

Reducing Residential Wood Smoke (2009) at 6 (EPA Doc. No. EPA-456/B-09-001). Several 

states have now adopted their own standards for outdoor wood boilers, demonstrating the 

availability of systems of emission reduction for these wood heaters. See, e.g., VT. CODE R. § 

16-3-100:5-204(e)(2)(ii) (applying an 18 g/hr maximum test run standard to certain outdoor 

wood boilers). 

27. Plaintiffs have learned that a draft proposed rule to revise the standards of performance 

for this source category is currently under review at the White House Office of Management and 

Budget. It is not certain whether, or when, that proposed rule will ultimately be signed by the 

Administrator and published for public comment. 

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 9 of 14
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SPECIFIC ALLEGATIONS 

28. The Clean Air Act mandates that the Administrator “review, and if appropriate, revise” 

the standards of performance for each category of sources “at least every 8 years.” 42 U.S.C. § 

7411(b)(1)(B). The only exception to this requirement is if the Administrator “determines that 

such review is not appropriate in light of readily available information on the efficacy of such 

standard.” Id.

29. EPA has neither completed a review of the standards of performance for new wood 

heaters, nor promulgated a determination that such review is not “appropriate in light of readily 

available information on the efficacy of such standard,” as required by 42 U.S.C. § 

7411(b)(1)(B) “at least every 8 years,” i.e., in 1996, 2004, and 2012. 

30. EPA has also neither finalized a revision of the standards of performance for new wood 

heaters, nor promulgated a determination that such a revision is not “appropriate,” as required by 

42 U.S.C. § 7411(b)(1)(B) “at least every 8 years,” i.e., in 1996, 2004, and 2012. 

31. Therefore, the Administrator has failed to perform the actions required under section 

111(b)(1)(B) of the Clean Air Act, 42 U.S.C. § 7411(b)(1)(B), and such actions are “not 

discretionary with the Administrator.” 42 U.S.C. § 7604(a)(2). 

32. The Administrator’s ongoing failure to review and revise the standards of performance 

for this source category has resulted, is resulting, and will continue to result in higher emissions 

of air pollutants from new wood heaters than would be permitted if EPA were to complete the 

required actions. 

PLAINTIFFS’ INJURIES 

33. For the reasons set forth above and below, Plaintiffs and their members have been and 

will continue to be harmed by the Administrator’s failure to act as complained of herein. 

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 10 of 14
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34. Plaintiffs are non-profit organizations whose purposes include protecting public health 

and the environment from air pollution, including the adverse impacts of emissions from wood 

stoves, furnaces, and boilers that are within the source category at issue herein. They pursue 

these goals through public education, advocacy, and litigation to enforce and strengthen 

environmental laws and to prevent, reduce, and mitigate air pollution and its adverse effects. 

Plaintiffs include organizations that analyze and provide their members and the public with 

information regarding the adverse impacts of air pollution, the potential for robust pollution 

control technologies, and a variety of other solutions to evaluate, influence, and implement welldesigned policies and governmental actions to protect human health and the environment. 

35. The Administrator’s ongoing failure to review and revise the standards of performance 

for wood heaters injures Plaintiffs and their members by depriving them of the benefits that 

would result from such actions. Such benefits include reductions in harmful levels of air 

pollutants and air pollution and the resulting improvements in the members’ health, aesthetic, 

recreational, and economic interests caused by such pollution reductions. 

36. Plaintiffs include organizations that have members who reside, work, travel, and recreate 

in areas of the United States where they are exposed to unhealthful air pollution from wood 

stoves, furnaces, and boilers that are within the source category at issue herein. Such air 

pollution threatens the health and welfare of those members, as does air pollution from new such 

devices that are regularly installed in such areas on an ongoing basis. Those members have 

experienced and continue to experience or are likely to experience harm to their health, 

environmental, recreational, aesthetic, and economic interests due to the Administrator’s ongoing 

failure to take the actions required by 42 U.S.C. § 7411 to reduce emissions from new wood 

stoves, furnaces, and boilers. 

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 11 of 14
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37. Further, the Administrator’s failure to act has deprived and continues to deprive Plaintiffs 

and their members of procedural rights established by the Clean Air Act to protect Plaintiffs’ 

threatened interests. If this Court orders the Administrator to take the required actions described 

above, Plaintiffs and their members will be afforded the ability to provide public comments on 

the Administrator’s data, analysis, legal interpretations, and policy considerations and to have 

EPA issue a public response to those comments. See id. §§ 7411(b)(1)(B), 7607(d). Among 

other things, Plaintiffs and their members would publicly advocate for the appropriateness of 

stronger and more comprehensive standards of performance for wood combustion, and to 

provide information relevant to the design of those standards. The Administrator’s ongoing 

failure to act has denied Plaintiffs and their members those rights. 

38. Finally, the Administrator’s failure to act as required by 42 U.S.C. § 7411(b)(1)(B) has 

injured Plaintiffs and their members by depriving them of information (including data, findings, 

and determinations regarding emissions from the source category at issue herein and relevant 

pollution control technologies) to which they would have access if EPA had taken the required 

regulatory actions. The Clean Air Act grants the public a right to all records, reports, and 

information that EPA collects. See 42 U.S.C. § 7414(c) (providing limited exceptions). 

Plaintiffs have an interest in accessing this information. For example, Plaintiffs would use the 

information to carry out their missions by educating their members and/or the public about 

emissions from wood stoves, furnaces, and boilers and available control technologies to reduce 

those emissions. 

39. For all of the foregoing reasons, in connection with the allegations in all paragraphs of 

this complaint, above and below, the failures complained of herein cause Plaintiffs injuries for 

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 12 of 14
13 

which they have no adequate remedy at law. Granting the requested relief would redress these 

injuries. 

CLAIMS FOR RELIEF 

1. Violation of Section 111(b)(1)(B) of the Clean Air Act: 

Continuing Failure to Perform Nondiscretionary Act or Duty 

40. The allegations of all foregoing paragraphs are hereby incorporated as if set forth fully 

herein. 

41. The Administrator’s failure either to complete a review of the standards of performance 

for wood heaters, or to issue a determination “that such review is not appropriate in light of 

readily available information on the efficacy of such standard,” in accordance with 42 U.S.C. § 

7411(b)(1)(B), constitutes the failure to perform an act or duty that is not discretionary with the 

Administrator within the meaning of section 304(a)(2) of the Clean Air Act, 42 U.S.C. § 

7604(a)(2), which failure is ongoing as of the present time. 

42. The Administrator’s failure either to revise the standards of performance for wood 

heaters, or to issue a determination that such a revision is not “appropriate,” in accordance with 

42 U.S.C. § 7411(b)(1)(B), constitutes the failure to perform an act or duty that is not 

discretionary with the Administrator within the meaning of section 304(a)(2) of the Clean Air 

Act, 42 U.S.C. § 7604(a)(2), which failure is ongoing as of the present time. 

RELIEF REQUESTED 

WHEREFORE, Plaintiffs respectfully request that the Court: 

(1) Declare that the Administrator’s failure either to review or determine not to review the 

standards of performance for wood heaters, and the Administrator’s failure either to 

revise or determine not to revise the standards of performance for wood heaters as 

required by Clean Air Act section 111(b)(1)(B), 42 U.S.C. § 7411(b)(1)(B), constitutes 

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 13 of 14
14 

the failure of the Administrator to perform an act or duty that is not discretionary within 

the meaning of 42 U.S.C. § 7604(a)(2). 

(2) Order the Administrator either to complete a review and make all appropriate revisions to 

the standards of performance for wood heaters, or to issue a final determination that 

completing such a review is not appropriate in light of readily available information on 

the efficacy of such standard, in accordance with 42 U.S.C. § 7411(b)(1)(B), pursuant to 

an expeditious deadline established by this Court; 

(3) Retain jurisdiction to ensure compliance with the Court’s decree; 

(4) Award Plaintiffs the costs of this action, including attorneys’ fees; and, 

(5) Grant such other relief as the Court deems just and proper. 

DATED: October 9, 2013 

 Respectfully Submitted, 

/s/ Timothy D. Ballo_______________ 

Timothy D. Ballo 

David S. Baron 

Earthjustice 

1625 Massachusetts Ave., NW 

Suite 702 

Washington, DC 20036 

(202) 667-4500 

tballo@earthjustice.org 

dbaron@earthjustice.org 

Counsel for American Lung Association, 

Environmental Defense Fund, Clean Air Council, 

and Environment and Human Health, Inc. 

Case 1:13-cv-01555 Document 1 Filed 10/09/13 Page 14 of 14
	




	




	
		




		

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AMERICAN LUNG ASSOCIATION, ENVIRONMENTAL

DEFENSE FUND, CLEAN AIR COUNCIL, and

ENVIRONMENT AND HUMAN HEALTH, INC.

REGINA MCCARTHY, Administrator, United States

Environmental Protection Agency, in her official capacity

11001

Timothy D. Ballo -- Earthjustice

1625 Massachusetts Ave., NW, Suite 702

Washington, DC 20036

202-667-4500

Case 1:13-cv-01555 Document 1-1 Filed 10/09/13 Page 1 of 2
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/s/ Timothy D. Ballo

Clean Air Act, 42 USC §§ 7411, 7604(a)(2). Failure to review and update wood heater air pollution standards.

✘

✘

10/9/2013

Case 1:13-cv-01555 Document 1-1 Filed 10/09/13 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

 

)

)

)

)

)

)

)

)

)

)

)

)

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the court.

CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

District of Columbia

AMERICAN LUNG ASSOCIATION,

ENVIRONMENTAL DEFENSE FUND, CLEAN AIR

COUNCIL, and ENVIRONMENT AND HUMAN

HEALTH, INC.

REGINA MCCARTHY, Administrator, United States

Environmental Protection Agency, in her official

capacity

Eric H. Holder, Jr.

U.S. Attorney General

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530-0001

Timothy D. Ballo

Earthjustice

1625 Massachusetts Ave., NW, Suite 702

Washington, DC 20036

Case 1:13-cv-01555 Document 1-2 Filed 10/09/13 Page 1 of 1
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

 

)

)

)

)

)

)

)

)

)

)

)

)

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the court.

CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

District of Columbia

AMERICAN LUNG ASSOCIATION,

ENVIRONMENTAL DEFENSE FUND, CLEAN AIR

COUNCIL, and ENVIRONMENT AND HUMAN

HEALTH, INC.

REGINA MCCARTHY, Administrator, United States

Environmental Protection Agency, in her official

capacity

Regina McCarthy

Administrator, U.S. EPA

Ariel Rios Building

1200 Pennsylvania Avenue, NW

Washington, DC 20460

Timothy D. Ballo

Earthjustice

1625 Massachusetts Ave., NW, Suite 702

Washington, DC 20036

Case 1:13-cv-01555 Document 1-3 Filed 10/09/13 Page 1 of 1
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

 

)

)

)

)

)

)

)

)

)

)

)

)

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the court.

CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

District of Columbia

AMERICAN LUNG ASSOCIATION,

ENVIRONMENTAL DEFENSE FUND, CLEAN AIR

COUNCIL, and ENVIRONMENT AND HUMAN

HEALTH, INC.

REGINA MCCARTHY, Administrator, United States

Environmental Protection Agency, in her official

capacity

Ronald C. Machen, Jr.

U.S. Attorney for the District of Columbia

Judiciary Center Building

555 Fourth Street, NW

Washington, DC 20530

Timothy D. Ballo

Earthjustice

1625 Massachusetts Ave., NW, Suite 702

Washington, DC 20036

Case 1:13-cv-01555 Document 1-4 Filed 10/09/13 Page 1 of 1