Communities for a Better Environment et al v. United States Environmental Protection Agency et al

Filing 43

ORDER GRANTING 42 Establishing Schedule to Review National Ambient Air Quality Standard for Carbon Monoxide. Signed by Judge Jeffrey S. White on November 14, 2008. (jswlc2, COURT STAFF) (Filed on 11/14/2008)

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COMMUNITIES FOR A BETTER ENVIRONMENT, ROCKY MOUNTAIN CLEAN AIR ACTION, COALITION FOR A SAFE ENVIRONMENT, and PHYSICIANS FOR SOCIAL RESPONSIBILITY-LOS ANGELES, Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and STEPHEN L. JOHNSON, as Administrator of the United States Environmental Protection Agency Defendant Case No. 07-CV-03678 JSW UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

[PROPOSED] ORDER ESTABLISHING SCHEDULE TO REVIEW NATIONAL AMBIENT AIR QUALITY STANDARD FOR CARBON MONOXIDE

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On May 5, 2008, this Court granted the Motion for Summary Judgment by plaintiffs Communities for a Better Environment, Rocky Mountain Clean Air Action, Coalition for a Safe Environment, and Physicians for Social Responsibility - Los Angeles ("Plaintiffs") and denied the Cross Motion for Summary Judgment by Defendant Environmental Protection Agency and Stephen L. Johnson ("EPA"). Docket # 37. In granting Plaintiffs' Motion for Summary Judgment, this Court held: Although the Court has the authority to do so, the Court is hesitant to set interim deadlines at this time. . . . However, given how many years have passed since the EPA's mandatory deadline has expired, the Court is wary of merely providing the EPA a long-term deadline without any oversight or review. Therefore, the Court HEREBY DIRECTS the EPA to submit, by no later than July 7, 2008, a revised schedule with interim deadlines in accordance with this Order. Dk. & 37 at 9. On July 7, 2008 EPA filed its Revised Schedule with Interim Deadlines pursuant to the May 5, 2008 Order ("Revised Schedule"), Docket # 40. In the Revised Schedule, EPA explained that it intends to comply with the following schedule: Task Final integrated science assessment Final risk/exposure assessment Notice of proposed rulemaking signed Notice of final rulemaking signed Deadline January 29, 2010 May 28, 2010 October 28, 2010 May 13, 2011

Revised Schedule, p. 2. EPA also stated in its Revised Schedule that it "estimates that the first draft [of the integrated science assessment] could be completed in or about late February 2009. Id. EPA further stated in its Revised Schedule that it "estimates that the first draft risk/exposure assessment could be completed in or about late September 2009." Id. at 3. // //

[PROPOSED] ORDER ESTABLISHING SCHEDULE TO REVIEW NAAQS FOR CARBON MONOXIDE

Case No. 07-CV-03678 JSW

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NOW THEREFORE, GOOD CAUSE APPEARING, the Court hereby ORDERS EPA to comply with the following schedule, which includes interim deadlines to ensure oversight and review of EPA's progress: Task 1st Draft integrated science assessment 1st Draft risk/exposure assessment Final integrated science assessment Final risk/exposure assessment Notice of proposed rulemaking signed Notice of final rulemaking signed Deadline March 14, 2009 October 29, 2009 January 29, 2010 May 28, 2010 October 28, 2010 May 13, 2011

EPA shall also forward the notices of proposed and final rulemakings to the Federal Register within 15 business days of signature. IT IS SO ORDERED.

November 14, Dated: _____________ 2008

_____________________________________ JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

[PROPOSED] ORDER ESTABLISHING SCHEDULE TO REVIEW NAAQS FOR CARBON MONOXIDE

Case No. 07-CV-03678 JSW