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

Filing 21

ORDER re 19 GRANTING AS MODIFIED STIPULATION TO STAY THE CASE PENDING PUBLIC COMMENT ON THE PROPOSED CONSENT DECREE. Initial Case Management Conference set for 9/15/2009 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 6/10/09. (scc, COURT STAFF) (Filed on 6/10/2009)

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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 94150 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 STAY THE CASE PENDING PUBLIC COMMENT ON THE PROPOSED CONSENT DECREE AND ORDER THEREON AS MODIFIED

/ 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 Stay the Case Pending Public Comment on the Proposed Consent Decree Case No. 08-cv-05650 CW

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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, 42 U.S.C. §§ 7401-7671q, and that such alleged failures are actionable under section 304(a)(2) of the Clean Air Act, 42 U.S.C. § 7604(a)(2); WHEREAS, on May 29, 2009, EPA lodged a proposed Consent Decree with the Court, which would fully resolve the claims alleged against EPA in Plaintiff's complaint; WHEREAS, before the proposed Consent Decree can be entered by the Court, EPA must provide notice of the Consent Decree in the Federal Register and an opportunity for public comment pursuant to section 113(g) of the Clean Air Act, 42 U.S.C. § 7413(g); WHEREAS, the EPA Administrator will promptly consider any written comments received on the proposed Consent Decree and, if none of the comments disclose facts or considerations which indicate that the Decree is inappropriate, improper, inadequate, or inconsistent with the requirements of the Clean Air Act, EPA will move for the Court's entry of the Consent Decree; NOW THEREFORE, pursuant to Local Rules 6-2 and 7-12, the parties, by and through their undersigned counsel, hereby stipulate to stay the case pending EPA's consideration of public comments on the proposed Consent Decree. The stay shall remain in effect until EPA either moves for entry of the Consent Decree, or thirty days after the close of the public comment period as noticed in the Federal Register pursuant to section 113(g) of the Clean Air Act, 42 U.S.C. § 7413(g), whichever is earlier. COUNSEL FOR PLAINTIFF: Dated: June 2, 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

Stipulation to Stay the Case Pending Public Comment on the Proposed Consent Decree

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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 PURSUANT TO STIPULATION, IT IS SO ORDERED. THE CASE MANAGEMENT CONFERENCE IS CONTINUED FROM 6/30/09 TO 9/15/09 AT 2:00 P.M. 6/10/09 Dated: _________________ __________________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE COUNSEL FOR DEFENDANTS: Dated: June 2, 2009 JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division /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

Stipulation to Stay the Case Pending Public Comment on the Proposed Consent Decree

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Case No. 08-cv-05650 CW

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CERTIFICATE OF SERVICE I certify that on June 2, 2009, a true and correct copy of the foregoing STIPULATION TO STAY THE CASE PENDING PUBLIC COMMENT ON THE PROPOSED CONSENT DECREE was served electronically via the Court's e-filing system to Counsel of Record.

/s/ Rochelle L. Russell ROCHELLE L. RUSSELL

Stipulation to Stay the Case Pending Public Comment on the Proposed Consent Decree

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Case No. 08-cv-05650 CW