State of California et al v. United States Environmental Protection Agency et al
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. MODIFYING JUDGMENT AND DENYING 145 MOTION TO STAY.(ndrS, COURT STAFF) (Filed on 1/19/2021)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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STATE OF CALIFORNIA, et al.,
Plaintiffs,
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v.
Case No. 18-cv-03237-HSG
ORDER MODIFYING JUDGMENT
AND DENYING MOTION TO STAY
Re: Dkt. No. 145
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY, et al.,
United States District Court
Northern District of California
Defendants.
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The Court fully incorporates the factual background from its prior order denying EPA’s
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Rule 60(b) motion. See California v. United States EPA, No. 18-cv-03237-HSG, 2019 U.S. Dist.
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LEXIS 192206, at *3 (N.D. Cal. Nov. 5, 2019).
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On October 22, 2020, the Ninth Circuit reversed the Court’s order denying EPA’s Rule
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60(b) motion to modify an injunction which required EPA to promulgate its federal landfill
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emissions plan by November 6, 2019. California v. United States EPA, 978 F.3d 708, 719 (9th
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Cir. 2020). EPA had promulgated new regulations changing the regulatory deadline underpinning
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the injunction. Id. at 711. The Ninth Circuit held that “EPA’s new regulations ha[d] removed the
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legal basis for the court’s deadline” and that the Court had “refuse[d] to modify an injunction
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based on superseded law.” Id. at 717, 719. The Ninth Circuit remanded “with instructions for the
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district court to modify the injunction consistent with this opinion.” Id. at 719.
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As directed by the Ninth Circuit, the Court modifies the injunction to eliminate the
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obligation “to promulgate regulations setting forth a federal plan, as required by 40 C.F.R. §
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60.27(d), no later than November 6, 2019.” See California v. United States EPA, 385 F. Supp. 3d
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903, 916 (N.D. Cal. 2019).
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In October 2019, while the appeal of the Rule 60(b) motion was pending, Plaintiffs sought
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review of EPA’s new regulation in the U.S. Court of Appeal for the District of Columbia Circuit.
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See Dkt. No. 145 at 2. On December 14, 2020, Plaintiffs filed a motion to stay in this case, asking
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the Court to stay the injunction pending resolution of the petition in the D.C. Circuit. Id. But now
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that the Court has made the modification mandated by the Ninth Circuit’s opinion, there is nothing
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to stay, because EPA has already complied with the remainder of the injunction. Accordingly, the
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Motion to Stay is DENIED.
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United States District Court
Northern District of California
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IT IS SO ORDERED.
Dated: 1/19/2021
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge
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