All areas of the country are legally entitled to healthy, clean air. Not all areas have it. Plaintiffs Center for Biological Diversity and Sierra Club bring this action for declaratory judgment and injunctive relief to compel Defendant Andrew R. Wheeler, in his official capacity as Administrator of the U.S. Environmental Protection Agency, to carry out his overdue legal obligation to officially determine whether certain moderate nonattainment areas of the country attained or did not attain the 2008 National Ambient Air Quality Standards for ozone by the statutory deadline, an action necessary to strengthen clean air protections so as to bring communities with unhealthy levels of ozone pollution into compliance with clean air standards by a new legal deadline.

List of 135 plants in 29 states and Puerto Rico whose owners have posted notifications that the groundwater exceeds state and/or federal limits of contamination, without an alternate source demonstration, for one or more of the following toxic substances: Antimony, Arsenic, Barium, Beryllium, Cadmium, Chromium, Cobalt, Lead, Lithium, Molybdenum, Selenium, Thallium, and Radium 226 and 228 combined.