State of California et al v. United States Environmental Protection Agency et al

Filing 72

ORDER by Judge Haywood S. Gilliam, Jr. Granting 71 Stipulation re EPA's 70 Motion to Stay. (ndrS, COURT STAFF) (Filed on 11/7/2018)

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XAVIER BECERRA
Attorney General of California
GARY E. TAVETIAN, SBN 117135
DAVID A. ZONANA, SBN 196029
Supervising Deputy Attorneys General
TIMOTHY E. SULLIVAN, SBN 197054
ELIZABETH B. RUMSEY, SBN 257908
JULIA K. FORGIE, SBN 304701
Deputy Attorneys General
1515 Clay Street, 20th Floor
Oakland, CA 94612
[phone]
[e-mail]
For Plaintiffs the State of California
and the California Air Resources Board
JONATHAN D. BRIGHTBILL
Deputy Assistant Attorney General
Environment & Natural Resources Division
United States Department of Justice
LESLIE M. HILL (D.C. Bar No. 476008)
[e-mail]
Environmental Defense Section
601 D Street N.W., Suite 8000
Washington D.C. 20004
Telephone [phone]
Facsimile [phone]
Attorneys for Defendants
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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STATE OF CALIFORNIA, et al.
Plaintiffs,

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v.
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY, et al.,

Case No. 4:18-cv-03237-HSG
JOINT STIPULATION REGARDING
BRIEFING SCHEDULE FOR EPA’S
MOTION TO STAY CASE PENDING
CONCLUSION OF RULEMAKING

Defendants.
JOINT STIPULATION REGARDING BRIEFING SCHEDULE FOR
DEFENDANT’S MOTION TO STAY CASE PENDING CONCLUSION OF RULEMAKING
CASE NO. 4:18-CV-03237-HSG

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Pursuant to Civil L.R. 7-12, Plaintiffs States of California, by and through the

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Attorney General and the California Air Resources Board; Illinois; Maryland; New

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Mexico; Oregon; Rhode Island; and Vermont; and the Commonwealth of Pennsylvania,

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by and through the Attorney General and the Pennsylvania Department of Environmental

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Protection (hereinafter “States”), and Defendants United States Environmental Protection

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Agency and Andrew R. Wheeler, in his official capacity as Acting Administrator of the

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EPA (“EPA”), hereby stipulate to and respectfully request that the Court enter an order

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setting a briefing schedule for EPA’s motion to stay this case pending conclusion of

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rulemaking. In support of this stipulation, the parties state as follows:

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1.

At hearing on October 25, 2018, the Court heard EPA’s motion to dismiss

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the States’ complaint (Dkt. No. 28), as well as the motion of proposed Plaintiff Intervenor

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Environmental Defense Fund to intervene in the matter (Dkt. No. 36). The Court has not

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yet ruled on either motion.

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2.

On November 6, 2018, EPA moved to stay the case pending conclusion of

a related rulemaking (Dkt. No. 70).
3.

The parties respectfully request that the Court set the following briefing

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schedule for the motion to stay, which takes into account Plaintiffs’ intention to file its

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response earlier than required by Civil L.R. 7-3(a):

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Document

Due Date

States’ Opposition to EPA’s
Motion

On or before November 13, 2018

EPA’s Reply in Support of its
Motion

November 16, 2018 if the States’
brief is filed on November 9, 2018
and November 20, 2018 if the
States’ brief is filed on November
13, 2018

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JOINT STIPULATION REGARDING BRIEFING SCHEDULE FOR
DEFENDANT’S MOTION TO STAY CASE PENDING CONCLUSION OF RULEMAKING
CASE NO. 4:18-CV-03237-HSG

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4.

The States assert that time is of the essence in deciding this motion and

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thus intend to request that the Court decide the motion on the papers or, in the event the

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Court believes a hearing is necessary, to hear the motion as soon as possible.

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The parties stipulate to and request that the Court enter the attached proposed
order.

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Respectfully submitted,

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Date: November 6, 2018

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JONATHAN D. BRIGHTBILL
Deputy Assistant Attorney General
Environment and Natural Resources Division

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/s/ Leslie M. Hill (email auth. 11/5/18)
LESLIE M. HILL (D.C. Bar No. 476008)
U.S. Department of Justice
Environment & Natural Resources Division
Environmental Defense Section
601 D Street N.W., Suite 8000
Washington D.C. 20004
[e-mail]
Telephone [phone]
Facsimile [phone]

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Attorneys for Defendant

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Date: November 6, 2018

XAVIER BECERRA
Attorney General of California
GARY E. TAVETIAN
DAVID A. ZONANA
Supervising Deputy Attorneys General
TIMOTHY E. SULLIVAN
JULIA K. FORGIE
Deputy Attorneys General
/s/ Elizabeth B. Rumsey
ELIZABETH B. RUMSEY
Deputy Attorney General
1515 Clay Street, 20th Floor
Oakland, CA 94612
[phone]
[e-mail]

JOINT STIPULATION REGARDING BRIEFING SCHEDULE FOR
DEFENDANT’S MOTION TO STAY CASE PENDING CONCLUSION OF RULEMAKING
CASE NO. 4:18-CV-03237-HSG

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For the STATE OF ILLINOIS

For the STATE OF MARYLAND

LISA MADIGAN
Attorney General of Illinois
DANIEL I. ROTTENBERG
(pro hac vice admission pending)
Assistant Attorney General
Environmental Bureau
Illinois Attorney General’s Office
69 W. Washington St., 18th Floor
Chicago, Illinois 60602
[phone]
[e-mail]

BRIAN E. FROSH
Attorney General of Maryland
LEAH J. TULIN
(pro hac vice admission pending)
Assistant Attorney General
200 St. Paul Place
Baltimore, Maryland 21202
[phone]
[e-mail]

For the STATE OF NEW MEXICO

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HECTOR BALDERAS
12 Attorney General of New Mexico
13 BILL GRANTHAM
(pro hac vice admission pending)
14 Assistant Attorney General
201 Third Street NW, Suite 300
15 Albuquerque, New Mexico 87102
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[e-mail]
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For the COMMONWEALTH OF
PENNSYLVANIA

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JOSH SHAPIRO
Attorney General of Pennsylvania
MICHAEL J. FISCHER
(pro hac vice admission pending)
Chief Deputy Attorney General
ROBERT A. REILEY
(pro hac vice admission pending)
Assistant Director, Pennsylvania Department
of Environmental Protection
Pennsylvania Office of Attorney General
Strawberry Square
Harrisburg, PA 17120
[phone]
[e-mail]

For the STATE OF OREGON
ELLEN F. ROSENBLUM
Attorney General of Oregon
PAUL GARRAHAN
(pro hac vice admission pending)
Attorney-in-Charge
Natural Resources Section
Oregon Department of Justice
1162 Court Street, N.E.
Salem, Oregon 97301-4096
[phone]
[e-mail]
For the STATE OF RHODE ISLAND
PETER F. KILMARTIN
Attorney General of Rhode Island
GREGORY S. SCHULTZ
(pro hac vice admission pending)
Special Assistant Attorney General
RI Department of Attorney General
150 South Main Street
Providence, RI 02903
[phone]
[e-mail]

JOINT STIPULATION REGARDING BRIEFING SCHEDULE FOR
DEFENDANT’S MOTION TO STAY CASE PENDING CONCLUSION OF RULEMAKING
CASE NO. 4:18-CV-03237-HSG

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For the STATE OF VERMONT

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THOMAS J. DONOVAN, JR.
Attorney General of Vermont
NICHOLAS F. PERSAMPIERI
(pro hac vice admission pending)
Assistant Attorney General
Office of the Vermont Attorney General
109 State Street
Montpelier, Vermont 05609
[phone]
[e-mail]

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JOINT STIPULATION REGARDING BRIEFING SCHEDULE FOR
DEFENDANT’S MOTION TO STAY CASE PENDING CONCLUSION OF RULEMAKING
CASE NO. 4:18-CV-03237-HSG

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[PROPOSED] ORDER

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BEFORE THE COURT is the Joint Stipulation Regarding Briefing Schedule for
EPA’s Motion to Stay Case Pending Conclusion of Rulemaking submitted by Plaintiffs
States of California, by and through the Attorney General and the California Air
Resources Board; Illinois; Maryland; New Mexico; Oregon; Rhode Island; and Vermont;
and the Commonwealth of Pennsylvania, by and through the Attorney General and the
Pennsylvania Department of Environmental Protection (“States”), and Defendants United
States Environmental Protection Agency and Andrew R. Wheeler, in his official capacity
as Acting Administrator of the EPA (“EPA”).
Having reviewed the stipulation, it is HEREBY ORDERED that EPA’s Motion to
Stay Case Pending Conclusion of Rulemaking (Dkt. No. 70) shall be briefed in
accordance with the following schedule:
Document

Due Date

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States’ Opposition to EPA’s Motion

On or before November 13, 2018

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EPA’s Reply in Support of its Motion

November 16, 2018 (if the States’
brief is filed on November 9, 2018)
or November 20, 2018 (if the States’
brief is filed on November 13, 2018)

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IT IS SO ORDERED.
Dated: November ___, 2018
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HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER
CASE NO. 4:18-CV-03237-HSG