This morning, March 9, 2015 in the Ninth Circuit in the case W. Harkonen v. USDOJ the Department of Justice stated that although the DQA does not give members of the public the right for judicial review of agency denials of Requests for Correction it does provide OMB with the right to address any such requests for correction. The Department explained to the judges the way the DQA is “policed is through OMB“ including the statement that OMB has the right to “take action” if agencies are not living up to their DQA duties.
Although CRE believes the DOJ is misinformed on the reviewability of the DQA as evidenced by the decision of the DC Circuit in the Prime Time decision., CRE does agree with the DOJ on the dominant role of OMB in DQA related matters.
Consequently given the aforementioned statement by the Department of Justice, CRE’s statement that OMB has the authority to resolve issues regarding compliance with the DQA regarding NSPS for coal fired plants is substantiated.
See the amicus brief filed by CRE.
