Association of Irritated Residents v. United States Environmental Protection Agency et al

Filing 16

ORDER re 14 granting STIPULATION to Continue Answer Deadline.. Signed by Judge Claudia Wilken on 5/14/09. (scc, COURT STAFF) (Filed on 5/14/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division ROCHELLE L. RUSSELL (Cal. Bar No. 244992) Trial Attorney U.S. Department of Justice Environment & Natural Resources Division 301 Howard Street, Suite 1050 San Francisco, CA 94105 Tel: [phone] Fax: [phone] Email: [e-mail] Attorney for Defendants

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ASSOCIATION OF IRRITATED RESIDENTS, an unincorporated association, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LISA P. JACKSON, in her official capacity as Administrator of the United States Environmental Protection Agency, and WAYNE NASTRI, in his official capacity as Regional Administrator for Region IX of the United States Environmental Protection Agency, 1/ Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08-cv-05650 CW STIPULATION TO CONTINUE ANSWER DEADLINE AND ORDER THEREON

/ Stephen L. Johnson was previously named as the lead defendant in this case in his official capacity as Administrator of the United States Environmental Protection Agency. Pursuant to Fed. R. Civ. P. 25(d), his successor, Lisa P. Jackson, is automatically substituted. Defendant Wayne Nastri no longer holds the position of Regional Administrator for Region IX of the United States Environmental Protection Agency; his successor, however, has not yet been chosen, and he therefore remains a named defendant in this action.
Stipulation to Continue Answer Deadline Case No. 08-cv-05650 CW

1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WHEREAS, on December 18, 2008, Plaintiff Association of Irritated Residents filed the above-captioned matter against the United States Environmental Protection Agency ("EPA"), alleging that EPA has failed to undertake certain nondiscretionary duties under the Clean Air Act ("CAA"), 42 U.S.C. §§ 7401-7671q, and that such alleged failures are actionable under section 304(a)(2) of the CAA, 42 U.S.C. § 7604(a)(2); WHEREAS, on February 17, 2009, the Court granted the parties' stipulation to continue EPA's time for responding to Plaintiff's Complaint until May 18, 2009; WHEREAS, Plaintiff and EPA have reached a tentative settlement, the agreement for which must first be approved by authorized officials at the U.S. Department of Justice and EPA, a process that can take several weeks; WHEREAS, EPA staff has recommended approval of the tentative settlement to authorized officials, but has not yet received approval; WHEREAS, Plaintiff and EPA intend for the agreement to be entered through a Consent Decree, thereby precluding the need for the filing of an Answer; WHEREAS, Plaintiff and EPA believe that the requested continuance below will not adversely affect the schedule or resolution of this case; NOW THEREFORE, pursuant to Local Rules 6-2 and 7-12, the parties, by and through their undersigned counsel, hereby stipulate that EPA's time for responding to Plaintiff's Complaint, currently set for May 18, 2009, is continued two weeks until June 1, 2009. COUNSEL FOR PLAINTIFF: Dated: May 12, 2009 /s/ Brent Newell (with permission) BRENT NEWELL MARYBELLE NZEGWU Center On Race, Poverty & the Environment 47 Kearney Street, Suite 804 San Francisco, CA 94108 Phone: [phone] Email: [e-mail] Email: [e-mail] Counsel for Plaintiff Association of Irritated Residents

COUNSEL FOR DEFENDANTS: Dated: May 12, 2009 JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division 2
Case No. 08-cv-05650 CW

Stipulation to Continue Answer Deadline

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

/s/ Rochelle L. Russell ROCHELLE L. RUSSELL Attorney, Environmental Defense Section U.S. Department of Justice 301 Howard Street, Suite 1050 San Francisco, CA 94150 Tel: [phone] Fax: [phone] Email: [e-mail] Attorney for Defendants

PURSUANT TO STIPULATION, IT IS SO ORDERED. 5/14/09 Dated: _________________ __________________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

Stipulation to Continue Answer Deadline

3

Case No. 08-cv-05650 CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Stipulation to Continue Answer Deadline

4

Case No. 08-cv-05650 CW