Sierra Club, et al -v- United States Environmental Protection Agency, et al

Filing 40

STIPULATION AND ORDER resetting CMC. Case Management Statement due by 3/17/2016. Case Management Conference reset for 3/24/2016 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 1/14/16. (bpf, COURT STAFF) (Filed on 1/14/2016)

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ELIZABETH B. FORSYTH, SBN 288311
PAUL R. CORT, SBN 184336
Earthjustice
50 California Street, Suite 500
San Francisco, CA 94111
[e-mail]
[e-mail]
Tel: [phone]/Fax: [phone]
Attorneys for Plaintiffs Sierra Club, Center
for Biological Diversity, WildEarth Guardians,
Medical Advocates for Healthy Air, and
Physicians for Social Responsibility – Los Angeles

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO/OAKLAND DIVISION

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)
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Plaintiffs,
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v.
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UNITED STATES ENVIRONMENTAL
)
PROTECTION AGENCY; GINA MCCARTHY, in )
her official capacity as Administrator of the United )
States Environmental Protection Agency; and
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JARED BLUMENFELD, in his official capacity as )
Regional Administrator of the United States
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Environmental Protection Agency,
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Defendants, and
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SAN JOAQUIN VALLEY UNIFIED AIR
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POLLUTION CONTROL DISTRICT and SOUTH )
COAST AIR QUALITY MANAGEMENT
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DISTRICT,
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Defendant-Intervenors
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SIERRA CLUB, CENTER FOR BIOLOGICAL
DIVERSITY, WILDEARTH GUARDIANS,
MEDICAL ADVOCATES FOR HEALTHY AIR,
and PHYSICIANS FOR SOCIAL
RESPONSIBILITY – LOS ANGELES,

Case No: 3:14-cv-04596-EMC
STIPULATION AND
PROPOSED ORDER TO
CONTINUE CASE
MANAGEMENT
CONFERENCE

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STIPULATION AND PROPOSED ORDER - Case No: 3:14-cv-04596-EMC

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STIPULATION AND PROPOSED ORDER

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WHEREAS Plaintiffs challenge Defendants’ alleged violation of their mandatory duties

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under the Clean Air Act (“Act”), 42 U.S.C. §§ 7401 et seq., to make a finding by June 30, 2012,

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that California’s Los Angeles-South Coast Air Basin and San Joaquin Valley failed to come into

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attainment with the Environmental Protection Agency’s (EPA’s) 1997 fine particulate matter

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(“PM2.5”) pollution standards, and to publish notice in the Federal Register that these areas have

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been reclassified by operation of law as “Serious Areas;”

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WHEREAS on December 18, 2014, EPA proposed to “reclassify the San Joaquin Valley
(SJV) Moderate nonattainment area, including areas of Indian country within it, as a Serious

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nonattainment area for the 1997 PM2.5 national ambient air quality standards (NAAQS) based on

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EPA’s determination that the area cannot practicably attain these NAAQS by the applicable

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attainment date of April 5, 2015.” See Designation of Areas for Air Quality Planning Purposes;

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California; San Joaquin Valley; Reclassification as Serious Nonattainment for the 1997 PM2.5

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Standards, 80 Fed. Reg. 1482 (Jan. 12, 2015);

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WHEREAS on March 27, 2015, EPA took final action to reclassify the San Joaquin

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Valley as a Serious nonattainment area for the 1997 PM2.5 NAAQS. See Designation of Areas

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for Air Quality Planning Purposes; California; San Joaquin Valley; Reclassification as Serious

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Nonattainment for the 1997 PM2.5 Standards, 80 Fed. Reg. 18,528 (April 7, 2015);

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WHEREAS on November 20, 2014, EPA proposed “to determine that the Los Angeles-

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South Coast Air Basin (South Coast) air quality planning area in California has attained the 1997

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annual and 24-hour [PM2.5 NAAQS]. This proposed determination is based upon complete (or

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otherwise validated), quality-assured, and certified ambient air monitoring data showing that the
area has monitored attainment of the 1997 annual and 24-hour PM2.5 standards based on the
2011–2013 monitoring period.” See Clean Data Determination for 1997 PM2.5 Standards;
California—South Coast; Applicability of Clean Air Act Requirements, EPA-R09-OAR-20140708, 79 Fed. Reg. 72,999 (Dec. 9, 2014);

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STIPULATION AND PROPOSED ORDER - Case No: 3:14-cv-04596-EMC

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WHEREAS, Plaintiffs have petitioned the D.C. Circuit for review of EPA’s final

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rulemaking entitled “Identification of Nonattainment Classification and Deadlines for

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Submission of State Implementation Plan (SIP) Provisions for the 1997 Fine Particulate Matter

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(PM2.5) National Ambient Air Quality Standard (NAAQS) and 2006 PM2.5 NAAQS,” (79 Fed.

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Reg. 31,566 (June 2, 2014)), which addresses related issues. WildEarth Guardians v. EPA,

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No. 14-1145 (D.C. Cir. filed July 31, 2014);

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WHEREAS, the Court previously granted the parties’ request to stay this action

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pending the earlier resolution of either WildEarth Guardians v. EPA or the EPA’s final actions

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on its proposals to find that the Los Angeles-South Coast Air Basin attained the 1997 PM2.5

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standards and to reclassify the San Joaquin Valley as a Serious Area for the 1997 PM2.5

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standards, and set a case management conference for July 23, 2015, Dkt. No. 34;

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WHEREAS, the Court subsequently granted the parties’ request to continue the case
management conference until January 21, 2016 (Dkt. No. 38).
WHEREAS, WildEarth Guardians v. EPA remains pending before the D.C. Circuit and
oral argument in that case was heard on November 6, 2015; and
WHEREAS, EPA’s final action on its proposal to determine that the South Coast has

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attained the 1997 PM2.5 NAAQS remains delayed while EPA reviews additional ambient PM2.5

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data submitted by the South Coast Air Quality Management District;

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IT IS HEREBY STIPULATED that, in the interest of judicial economy and efficiency,

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the case management conference currently scheduled for January 21, 2016 be postponed until

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April 7, 2016, and the deadline for the parties to file a joint case management conference

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statement currently scheduled for January 14, 2016, be postponed until March 31, 2016.

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STIPULATION AND PROPOSED ORDER - Case No: 3:14-cv-04596-EMC

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/s/ Paul Cort (email auth. 1/11/16)
ELIZABETH B. FORSYTH (SBN 288311)
PAUL R. CORT (SBN 184336)
Earthjustice
50 California Street
San Francisco, CA 94111
[e-mail]
[e-mail]
Tel: [phone]/Fax: [phone]
Attorneys for Plaintiffs

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/s/ Leslie M. Hill
LESLIE M. HILL (D.C. Bar No. 476008)
U.S. Department of Justice
Environment & Natural Resources Division
Environmental Defense Section
601 D Street N.W., Suite 8000
Washington D.C. 20004
[e-mail]
Telephone [phone]
Facsimile [phone]
Attorneys for Defendants
/s/ Annette A. Ballatore-Williamson (email auth.
1/10/16)
ANNETTE A. BALLATORE-WILLIAMSON
(SBN 192176) District Counsel
JESSICA E. HAFER FIERRO
(SBN 297668) Assistant Counsel
SAN JOAQUIN VALLEY UNIFIED AIR
POLLUTION CONTROL DISTRICT
(SJVUAPCD)
1990 E. Gettysburg Avenue
Fresno, CA 93726
Phone: [phone]; Fax: [phone]
Attorneys for Defendant-Intervenor SJVUAPCD

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STIPULATION AND PROPOSED ORDER - Case No: 3:14-cv-04596-EMC

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/s/ Lauren Nevitt (email auth. 1/8/16)
LAUREN NEVITT
(SBN 260297) Senior Deputy District Counsel
BARBARA BAIRD
(SBN 081507) Chief Deputy Counsel
KURT WIESE
(SBN 127251) General Counsel
SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT
21865 Copley Drive
Diamond Bar, CA 91765
Phone: [phone]; Fax [phone]
Attorneys for Defendant-Intervenor SCAQMD

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STIPULATION AND PROPOSED ORDER - Case No: 3:14-cv-04596-EMC

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[PROPOSED] ORDER

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rescheduled for April 7, 2016. The joint case management conference statement currently due

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IT IS SO ORDERED.

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1/14/2016

UNIT
ED

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Dated:

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RT

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HON. EDWARD CHEN
DERED
UNITED STATES DISTRICT JUDGE
SO OR ED
IT IS
DIFI
AS MO

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S DISTRICT
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dward
Judge E

ER

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M. Che

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March 24, 2016. An
updated joint CMC
statement shall be filed by
March 17, 2016.

on January 14, 2016 shall be submitted by March 31, 2016.

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efficiency, the case management conference currently scheduled for January 21, 2016 shall be

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Pursuant to the Parties’ stipulation, and in the interest of judicial economy and

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F
D IS T IC T O
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STIPULATION AND PROPOSED ORDER - Case No: 3:14-cv-04596-EMC