Sierra Club et al v. Regina McCarthy

Filing 147

ORDER RE: MOTIONS SET FOR OCTOBER 17, 2014 AND CONTINUING OCTOBER 17, 2014 HEARING TO OCTOBER 31, 2014 139 (Illston, Susan) (Filed on 9/30/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

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ORDER RE: MOTIONS SET FOR
OCTOBER 17, 2014 AND CONTINUING
OCTOBER 17, 2014 HEARING TO
OCTOBER 31, 2014

Plaintiffs,

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No. C 13-3953 SI

SIERRA CLUB, et al.,

v.
REGINA MCCARTHY, in her official capacity
as Administrator of the United States
Environmental. Protection Agency,
Defendant.

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The Court has received a number of filings regarding matters set for hearing on October 17,
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2014. First, plaintiffs object to intervenor North Carolina’s “Notice of Hearing on Remedy” setting
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October 17, 2014 as the date for the Court to hear argument on the remedy. Plaintiffs argue that the
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Court must first consider the “threshold” joint motion to enter the proposed consent decree, which is
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also set for October 17, 2014. North Carolina responds, inter alia, that the briefing on the remedy is
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already complete and that the remedy briefing addresses the same or similar issues as those raised in the
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joint motion to enter the consent decree. The Court finds it is appropriate to consider both matters at
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the same hearing and that there is no prejudice to any party as the remedy briefing has been long
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completed.
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Second, on September 12, 2014, the National Environmental Development Association’s Clean
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Air Project and the Texas SO2 Working Group filed a motion for leave to file an amicus brief regarding
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the joint motion to enter the proposed consent decree. The proposed amicus brief argues that this Court
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lacks jurisdiction to enter the proposed consent decree. Plaintiffs oppose this Court’s consideration of

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the brief, while defendant and North Carolina do not oppose the filing of the amicus brief. Although

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the Court agrees with the parties that the National Environmental Development Association’s Clean Air

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Project and the Texas SO2 Working Group have not explained why they waited until this late date to

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raise the jurisdictional issue, the Court will permit the filing of the amicus brief. The Court will permit

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the parties and intervenors to file responses to the amicus brief no later than October 10, 2014. Amici

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shall file the proposed amicus brief no later than October 2, 2014.

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The October 17, 2014 hearing is continued until October 31, 2014 at 9:00 a.m.

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The Court hereby informs all interested parties that this matter has been pending for some

United States District Court
For the Northern District of California

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time and no further amicus briefs regarding the pending motions will be accepted for filing.
This order resolves Docket No. 139.

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IT IS SO ORDERED.

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Dated: September 30, 2014
SUSAN ILLSTON
United States District Judge

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