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

Filing 46

JUDGMENT. Signed by Judge Yvonne Gonzalez Rogers on 8/10/18. (fs, COURT STAFF) (Filed on 8/10/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ASSOCIATION OF IRRITATED RESIDENTS,
Plaintiff,

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CASE NO. 18-cv-01604-YGR
JUDGMENT

vs.
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY, ET AL.,
Defendants.

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Judgment is hereby entered in favor of Plaintiff Association of Irritated Residents (“AIR”)
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United States District Court
Northern District of California

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consistent with the Court’s Order Granting in Part Motions for Summary Judgment; Denying
Motion to Stay (Dkt. No. 41).
The Court DECLARES that Defendants U.S. Environmental Protection Agency, et al.
(collectively “EPA”) have failed to perform a non-discretionary duty imposed by 42 U.S.C. §

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7410(k)(2) by failing to act on the San Joaquin Valley Unified Air Pollution Control District’s

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2016 Plan for the 2008 8-Hour Ozone Standard (“2016 Ozone Plan”) by December 19, 2017.

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The Court ORDERS EPA to approve or disapprove, in whole or in part, the 2016 Ozone

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Plan, in accordance with 42 U.S.C. § 7410(k), no later than December 19, 2018, except for the

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four baseline year-dependent components of the 2016 Ozone Plan.

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The Court ORDERS EPA to approve or disapprove, in whole or in part, the four baseline

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year-dependent components of the 2016 Ozone Plan, in accordance with 42 U.S.C. § 7410(k), no

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later than January 31, 2019. The four baseline year-dependent components of the 2016 Ozone

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Plan are the (1) baseline year emissions inventory; (2) reasonable further progress demonstration;

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(3) contingency measures; and (4) motor vehicle emissions budgets.
The Court retains jurisdiction to make such orders as may be necessary or appropriate.
This document constitutes a judgment and a separate document for purposes of Federal
Rule of Civil Procedure 58(a).
Dated: August 10, 2018
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE