Southern California Alliance of POTWs et al., v. United States Environmental Protection Agency et al

Filing 29

ORDER signed by Chief Judge Morrison C. England, Jr on 11/25/14 granting request that the Court permit EPA to dispense with Local Rule 260(a)s requirement of filing a Statement of Undisputed Facts when they file their Cross- Motion for Summary Judgment on December 17, 2014.(Dillon, M)

1 BENJAMIN B. WAGNER
United States Attorney
2 CHI SOO KIM
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for the United States Environmental
6 Protection Agency and Jared Blumenfeld,
Regional Administrator
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SOUTHERN CALIFORNIA ALLIANCE OF
PUBLICLY OWNED TREATMENT WORKS,
and CENTRAL VALLEY CLEAN WATER
ASSOCIATION,

CASE NO. 2:14-cv-01513 MCE-DAD

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Plaintiffs,
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v.
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UNITED STATES ENVIRONMENTAL
16 PROTECTION AGENCY; JARED
BLUMENFELD, REGIONAL
17 ADMINISTRATOR, UNITED STATES
ENVIRONMENTAL PROTECTION
18 AGENCY, REGION IX; and DOES 1 to
10,
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Defendants.
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EPA DEFENDANTS’ REQUEST FOR
PERMISSION TO DISPENSE WITH THE
REQUIREMENT OF FILING A STATEMENT
OF UNDISPUTED FACTS AND ORDER

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The Court recently granted Plaintiffs’ unopposed Request for Permission to Dispense with

23 Requirement of Filing Statement of Undisputed Facts. [Docket 27] Defendants United States
24 Environmental Protection Agency and Regional Administrator Jared Blumenfeld (collectively, “EPA”),
25 through their respective attorneys, hereby respectfully submit their Request for Permission to Dispense
26 with the Requirement of Filing a Statement of Undisputed Facts as required under Eastern District Local
27 Rule 260(a) because this Court’s review of Plaintiffs’ Administrative Procedure Act (“APA”) claim is
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Southern Cal. Alliance of Publicly Owned Treatment Works, et al. v. U.S. EPA, et al., Case No: 2:14-cv-01513 MCE-DAD
EPA DEFENDANTS’ REQUEST FOR PERMISSION TO DISPENSE WITH THE REQUIREMENT OF FILING A STATEMENT OF UNDISPUTED
FACTS AND ORDER

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1 limited to the administrative record. “[R]equests to dispense with the requirement of filing a statement
2 of [undisputed] facts are routinely granted in this District” because “[i]n APA cases, statements [of
3 undisputed facts] are generally redundant because all relevant facts are contained in the agency’s
4 administrative record.” San Joaquin River Group. Auth. v. Nat’l Marine Fisheries Serv., 819 F. Supp. 2d
5 1077, 1084 (E.D. Cal. 2011). Accordingly, EPA requests that the Court permit EPA to dispense with
6 Local Rule 260(a)’s requirement of filing a Statement of Undisputed Facts when they file their Cross7 Motion for Summary Judgment on December 17, 2014.
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10 Dated: November 21, 2014
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BENJAMIN B. WAGNER
United States Attorney
/s/ Chi Soo Kim
CHI SOO KIM
Assistant United States Attorney

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ORDER

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IT IS SO ORDERED.
Dated: November 25, 2014

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Southern Cal. Alliance of Publicly Owned Treatment Works, et al. v. U.S. EPA, et al., Case No: 2:14-cv-01513 MCE-DAD
EPA DEFENDANTS’ REQUEST FOR PERMISSION TO DISPENSE WITH THE REQUIREMENT OF FILING A STATEMENT OF UNDISPUTED
FACTS AND ORDER

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