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

Filing 52

STIPULATION AND ORDER re 51 STIPULATION WITH PROPOSED ORDER re 49 Case Management Conference - Initial,, Set Deadlines/Hearings, Continue CMC to August 4, 2016 filed by Gina McCarthy, Jared Blumenfeld, United States Environme ntal Protection Agency Case Management Statement due by 7/21/2016. Further Case Management Conference set for 7/28/2016 11:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 7/20/16. (bpfS, COURT STAFF) (Filed on 7/20/2016)

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ELIZABETH B. FORSYTH, State Bar No. 288311
PAUL R. CORT, State Bar No. 184336
Earthjustice
50 California Street
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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SIERRA CLUB, et al.,
Plaintiffs,
v.

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UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY; et al.,

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Defendants.

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Case No: 3:14-cv-4596-EMC
JOINT STIPULATION &
[PROPOSED] ORDER TO
CONTINUE CASE
MANAGEMENT
CONFERENCE
Date: July 21, 2016
Time: 10:15am
Place: Telephonic Conference

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WHEREAS, the Court’s Minute Order of April 22, 2016 (Dkt. No. 49) required Plaintiffs

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to file an amended complaint within 75 days, set a further telephonic case management

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conference (“CMC”) for July 21, 2016 at 10:15 a.m., and required the parties to file an updated

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joint CMC statement by July 14, 2016;

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WHEREAS, on June 28, 2016, Plaintiffs filed an amended complaint (Dkt. No. 50);

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WHEREAS, on July 8, 2016, EPA took final action determining that the South Coast air

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quality planning area in California has attained the 1997 annual and 24-hour fine particle

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(“PM2.5”) National Ambient Air Quality Standards (“NAAQS”). This determination is based
PAGE 1
JOINT STIPULATION & [PROPOSED] ORDER - NO. 3:14-CV-4596-EMC

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upon complete (or otherwise validated), quality-assured and certified ambient air monitoring data

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showing that the area has monitored attainment of the 1997 annual and 24-hour PM2.5 NAAQS

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based on the 2011-2013 monitoring period, and that all complete data available since that time

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period indicate that the area continues to attain. EPA provided a pre-publication copy of the

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final rule to Plaintiffs on July 12, 2016. EPA has transmitted the final rule to the Office of the

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Federal Register for publication in the Federal Register;
WHEREAS, Plaintiffs are currently evaluating how EPA’s final action impacts this case;

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and
WHEREAS, the parties therefore stipulate to and request an order continuing the CMC

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until August 4, 2016, to allow Plaintiffs to complete their review of EPA’s final action. The

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parties also request that the updated case management statement due date be continued to July

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28, 2016.

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IT IS HEREBY STIPULATED that, pursuant to Civil L.R. 6-2 and for good cause

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shown, the CMC currently set for July 21, 2016 be continued until August 4, 2016 and the

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deadline for the parties to file an updated case management statement currently set for July 14,

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2016, be continued to July 28, 2016.

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Date: July 14, 2016

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/s/ Elizabeth B. Forsyth (email auth. 7/14/16)
ELIZABETH B. FORSYTH, State Bar No.
288311
PAUL R. CORT, State Bar No. 184336
Earthjustice
50 California Street
San Francisco, CA 94111
[e-mail]
[e-mail]
Tel: [phone]/Fax: [phone]

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Attorneys for Plaintiffs

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PAGE 2
JOINT STIPULATION & [PROPOSED] ORDER - NO. 3:14-CV-4596-EMC

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JOHN C. CRUDEN
Assistant Attorney General
Environment and Natural Resources Division

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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

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/s/ Barbara Baird (email auth. 7/14/16)
BARBARA BAIRD
(SBN 081507) Chief Deputy Counsel
KURT WIESE
(SBN 127251) General Counsel
SOUTH COAST AIR QUALITY
MANAGAMENT
DISTRICT
21865 Copley Drive
Diamond Bar, CA 91765
Phone: [phone]; Fax: [phone]
Attorneys for Defendant-Intervenor SCAQMD

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JOINT STIPULATION & [PROPOSED] ORDER - NO. 3:14-CV-4596-EMC

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ORDER

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July 28, 2016. at 11:30 a.m. Plaintiff counsel to provide the Court
will the dial in number by 7/25/16.

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S

HON. EDWARD RED
E CHEN

O ORD D
IT IS S
DIFIE
AS MO

hen

rd M. C

dwa
Judge E

ER

H

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7/20/16

NO

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Dated:

S DISTRICT
TE
C
TA

RT
U
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UNIT
ED

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IT IS SO ORDERED.

R NIA

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to file an updated case management statement currently set for July 14, 2016 is continued to

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currently set for July 21, 2016 is continued until August 4, 2016 and the deadline for the parties

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Pursuant to stipulation and for good cause shown, the case management conference

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F
D IS T IC T O
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[PROPOSED] ORDER
NO. 3:14-CV-4596-EMC