Ralph K. Winter, Jr.

“ We believe that the "specified action" under this section is the making of some decision within the stated deadlines, whether to revise new standards or not to revise. To the extent that the "specified action" is simply the making of some decision, all specified action is required to be completed within a stated deadline -- and, indeed, a stated deadline very close in language and meaning to the stated deadline in the Train case, in which the D.C. Circuit first announced its rule. ”

“ However, if Train does not justify all of the relief that appellants seek, that is not to say that it does not justify any relief at all. Although the district court does not have jurisdiction to order the Administrator to make a particular revision, we cannot agree with appellees that the Administrator may simply make no formal decision to revise or not to revise, leaving the matter in a bureaucratic limbo subject neither to review in the District of Columbia Circuit nor to challenge in the district court. ”

“ Because Oljato was decided before the enactment of Section 109 (d) , the Oljato court was interpreting a version of the Act that included no provision for the revision of NAAQS. The Oljato dictum was based on a Senate Report that, in proposing section 307, referred to "new information [which] will be developed and [which] may dictate a revision or modification of any promulgated standard or regulation established under the act." Oljato thus stated that suits involving such "new information . . . [which] may dictate a revision or modification" were subject to its exclusive jurisdiction. ”