1. The federal Clean Air Act requires the Administrator of the United States Environmental Protection Agency (“Administrator” or “EPA”) to promulgate modern pollution control limits at the massive Navajo Generating Station (“NGS”) and Four Corners Power Plant (“Four Corners”), located on Navajo tribal lands in Arizona and New Mexico, to remedy unhealthful, scenery-impairing air pollution in protected national parks and wilderness areas in the American Southwest. Because EPA has failed to promulgate such pollution control limits without unreasonable delay, Plaintiffs bring this action to secure an order from the court that directs EPA to issue haze-reducing pollution control limits at NGS and Four Corners forthwith.

2. In particular, this Clean Air Act Section 304(a) citizen suit, 42 U.S.C. §7604(a), seeks an order compelling EPA to perform its nondiscretionary duties by date or dates certain to promulgate federal implementation plans (“FIPs”) establishing Best Available Retrofit Technology (“BART”) for NGS and Four Corners. EPA’s failure to perform these duties within a reasonable time has deprived Plaintiffs’ members of health, welfare, and procedural protections provided by the Clean Air Act.