DINE CARE et al v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al

Filing 52

SECOND ORDER TO SHOW CAUSE RE VENUE:Plaintiff Show Cause Response due by 6/18/2013. Defendant Response due by 6/21/2013.Signed by Judge Jeffrey S. White on 6/14/13. (jjoS, COURT STAFF) (Filed on 6/14/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DINÉ CARE and NATIONAL PARKS
CONSERVATION ASSOCIATION,

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No. C 12-03987 JSW

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v.
For the Northern District of California

United States District Court

Plaintiffs,
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SECOND ORDER TO SHOW
CAUSE RE VENUE

UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY and LISA P.
JACKSON,

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Defendants.
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/
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This matter was transferred by order of the United States District Court for the District

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of Columbia granting a stipulation of the parties to transfer the portion of the original complaint

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pertaining to the Navajo Generating Station (located in Arizona) to this Court and to transfer the

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portion of the original complaint pertaining to the Four Corners Power Plant (located in new

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Mexico) to the United States District Court for the District of New Mexico. Although the

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parties appear to have agreed to transfer, it remains unclear that venue is proper in this Court.

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On June 4, 2013, this Court issued an order to show cause requiring Plaintiff to respond

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in writing as to why this case is properly venued in this District. Having received the response,

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the Court remains concerned that this action is not properly before it. The provision allowing

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citizen suits under the Clean Air Act specifically provides that “[a]ny action respecting a

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violation by a stationary source of an emission standard or limitation or an order respecting

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such standard or limitation may be brought only in the judicial district in which such source is

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located.” 42 U.S.C. § 7604(c)(1) (emphasis added).
The Court therefore issues this second order to show cause to Plaintiff to respond in

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writing no later than June 18, 2013 as to why this specific venue provision does not apply.

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Defendants shall proffer their response by no later than June 21, 2013. The hearing on the

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cross-motions for summary judgment scheduled for June 21, 2013 is HEREBY VACATED and

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shall be rescheduled, if necessary, by subsequent order.

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IT IS SO ORDERED.

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Dated: June 14, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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