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

Filing 18

ORDER re 17 order granting as modified STIPULATION TO STAY THE CASE PENDING PUBLIC COMMENT ON THE PROPOSED CONSENT DECREE. Initial Case Management Conference set for 4/13/2010 02:00 PM.. Signed by Judge Claudia Wilken on 10/23/09. (scc, COURT STAFF) (Filed on 10/23/2009)

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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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 09-cv-01890-CW STIPULATION TO STAY THE CASE PENDING PUBLIC COMMENT ON THE PROPOSED CONSENT DECREE AND ORDER THEREON

ASSOCIATION OF IRRITATED RESIDENTS, an unincorporated association, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants.

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

Case No. 09-cv-01890-CW

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WHEREAS, on April 30, 2009, 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 October 21, 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 case is hereby stayed 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 45 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: October 22, 2009 /s/ Brent Newell BRENT NEWELL ALEGRĶA DE LA CRUZ 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. 09-cv-01890-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 to April 13, 2010 at 2:00 p.m. 10/23/09 Dated: _________________ __________________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE COUNSEL FOR DEFENDANTS: Dated: October 22, 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. 09-cv-01890-CW