September 27, 2018
| Legal Document
Plaintiffs Waterkeeper Alliance, Inc., Local Environmental Action Demanded Agency, Inc. (“LEAD Agency”), and Sierra Club (collectively “Plaintiffs”) hereby bring a citizen suit pursuant to 42 U.S.C. § 6972(a)(2) against Defendants Andrew Wheeler, Acting Administrator of the United States Environmental Protection Agency, and the United States Environmental Protection Agency (collectively “EPA” or “Defendants”), for failing to perform a nondiscretionary duty required by the Resource Conservation and Recovery Act (“RCRA”) to develop and publish minimum guidelines for public participation in state coal combustion residuals (“coal ash” or “CCR”) programs. Plaintiffs also allege violations of RCRA and the Administrative Procedure Act (“APA”) by Defendants for unlawfully approving Oklahoma’s coal ash permit program.