A Federal Judge is Stood Up, Can You Say Sanctions?

Meeting a new date is tough enough but if you are stood up, well that just isn’t right.  And if it is a first date with a new federal judge… can you say sanctions?  U.S. District Judge Jon Tigar can.

The Sierra Club and Environmental Protection Agency both have some explaining to do.

The both stood up the judge for their first status hearing before the new judge on September 4.

He told both sides to explain by September 18, “why sanctions should not be imposed for your failure to appear on September 4, 2013, as ordered on April 3, 2013.”  April?  Ouch.

The suit filed by the Sierra Club seeks a declaration that the EPA has failed to take final action on Nevada’s mandatory plan to enforce standards and regulating air pollution from stationary sources such as factories and power plants.  The Sierra Club wants Tigar to order the EPA to either reject it, approve it or require alterations, but do something.

Under the Clean Air Act, each state is required to submit a state implementation plan to ensure that National Ambient Air Quality Standards will be achieved.

In particular, the Sierra Club is upset with Nevada’s 2010 plan for regulating air pollution in ClarkCounty where pollution may drift into California’s Mojave Desert.  One of the things states are expected to do is make sure their local air pollution doesn’t degrade air quality over national parks and wilderness areas in neighboring states.

Right now, that’s down the road.  First, both sides have to clear the air with Judge Tigar.

Case:  Sierra Club v. Perciasepe, No. 12-cv-4078JST

Complaint: Here.



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