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

Filing 54

STIPULATION AND ORDER re 53 OF DISMISSAL. Signed by Judge Edward M. Chen on 7/26/16. (bpfS, COURT STAFF) (Filed on 7/26/2016)

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PAUL R. CORT, State Bar No. 184336
ELIZABETH B. FORSYTH, State Bar No. 288311
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, CENTER FOR BIOLOGICAL
DIVERSITY, WILDEARTH GUARDIANS,
MEDICAL ADVOCATES FOR HEALTHY AIR,
and PHYSICIANS FOR SOCIAL
RESPONSIBILITY – LOS ANGELES,
Plaintiffs,

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v.
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY; GINA MCCARTHY,
in her official capacity as Administrator of the
United States Environmental Protection Agency;
and ALEXIS STRAUSS, in her official capacity
as Acting Regional Administrator of the United
States Environmental Protection Agency,

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Defendants, and
SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT,

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Defendant-Intervenor.

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Case No: 3:14-cv-4596-EMC
STIPULATION OF
DISMISSAL WITHOUT
PREJUDICE

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Page 1 of 3
STIPULATION OF DISMISSAL WITHOUT PREJUDICE – No. 3:14-cv-4596-EMC

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STIPULATION OF DISMISSAL WITHOUT PREJUDICE

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WHEREAS Plaintiffs’ First Amended Complaint alleges that, pursuant to the Clean Air

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Act, Defendants United States Environmental Protection Agency; Gina McCarthy, in her

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official capacity as Administrator of the United States Environmental Protection Agency; and

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Alexis Strauss,1 in her official capacity as Acting Regional Administrator of Region IX of the

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United States Environmental Protection Agency (collectively, “EPA”) was required to make a

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finding that California’s Los Angeles-South Coast Air Basin (“South Coast”) had failed to

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come into attainment with EPA’s 1997 fine particulate matter pollution standards by the

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applicable attainment date;

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WHEREAS on July 8, 2016, Defendant determined that the South Coast has attained

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the 1997 fine particulate matter pollution National Ambient Air Quality Standards (“NAAQS”)

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based on current air quality data, Final Rule, 81 Fed. Reg. 48,350 (July 25, 2016);

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WHEREAS based on EPA’s Clean Data Determination, Plaintiffs no longer intend to

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pursue their claim against EPA for failure to find that the South Coast had failed to come into

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attainment with EPA’s 1997 fine particulate matter pollution standards by the applicable

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attainment date; and
WHEREAS, if future air quality data show that the South Coast begins to violate the

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1997 fine particulate matter pollution standards again, Plaintiffs may decide to pursue available

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legal remedies.
THEREFORE, IT IS HEREBY STIPULATED by and between the parties and their

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counsel of record that this case shall be dismissed without prejudice pursuant to Fed. R. Civ. P.

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41(a)(1)(A)(ii).

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Pursuant to Fed. R. Civ. P. 25(d), Acting Regional Administrator Alexis Strauss, is substituted
for the named Regional Administrator, Jared Blumenfeld.
Page 2 of 3
STIPULATION OF DISMISSAL WITHOUT PREJUDICE – No. 3:14-cv-4596-EMC

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Respectfully submitted,

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Date: July 26, 2016
__________________________________
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

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/s/ Leslie M. Hill (with permission)
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 (with permission)
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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Dated: 7/26/2016
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STIPULATION OF DISMISSAL WITHOUT PREJUDICE – No. 3:14-cv-4596-EMC
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