AVENAL POWER CENTER, LLC v. U.S. ENVIRONMENTAL PROTECTION AGENCY et al

Filing 44

ORDER, For the reasons set forth in the Memorandum Opinion entered this 26th day of May, 2011, it is hereby ORDERED that plaintiff's Motion for Judgment on the Pleadings 12 is GRANTED in part and DENIED in part; and it is further ORDERED that the defendants' Motion for Summary Judgment 14 is DENIED; and it is further ORDERED that the EPA Adminstrator issue a final agency action, either granting or denying plaintiff's permit application, no later than August 27, 2011. SO ORDERED. Signed by Judge Richard J. Leon on 5/26/2011. (see order) (kc )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AVENAL POWER CENTER, LLC,

)
)

Plaintiff,

)
)

v.

)

Civ. Action No. lOcv383 (RJL)

)

U.S. ENVIRONMENTAL PROTECTION
AGENCY, et al.,
Defundanb.

)
)
)
)

n..--

ORDER

F or the reasons set forth in the Memorandum Opinion entered thiS?C day of
May, 2011, it is hereby
ORDERED that plaintiffs Motion for Judgment on the Pleadings [#12] is
GRANTED in part and DENIED in partl; and it is further
ORDERED that the defendants' Motion for Summary Judgment [#14] is
DENIED; and it is further
ORDERED that the EPA Administrator issue a final agency action, either
granting or denying plaintiff s permit application, no later than August 27, 2011.
SO ORDERED.
/f

~

United States District Judge

The Court reserves judgment with respect to plaintiffs request for attorney's fees and
costs. In addition, in light of the February 4, 2011 declaration by Regina McCarthy,
Assistant Administrator of the EPA's Office of Air and Radiation, which was released
after plaintiff filed its Motion, as well as subsequent briefs and oral argument, the relief
sought by plaintiff has been accordingly revised.
I