STATE OF MAINE et al v. MCCARTHY et al

Filing 24

ORDER STAYING THE CASE FOR 120 DAYS reserving ruling 13 Motion to Dismiss for Lack of Jurisdiction; reserving ruling 15 Motion for Judgment on the Pleadings By JUDGE JON D. LEVY. (nwd)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
STATE OF MAINE, and
PATRICIA AHO, in her capacity
as Commissioner of the Maine
Department of Environmental
Protection,

)
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
GINA McCARTHY, in her capacity )
as Administrator, United States
)
Environmental Protection
)
Agency, and H. CURTIS
)
SPALDING, in his capacity as
)
Regional Administrator of the
)
United States Environmental
)
Protection Agency (Region I),
)
)
Defendants.
)

1:14-cv-264-JDL

ORDER STAYING THE CASE FOR 120 DAYS
A hearing was held on February 12, 2015, in Bangor, Maine, regarding the
State of Maine’s (“Maine’s”) Amended Complaint (ECF No. 7); the Environmental
Protection Agency’s (“EPA’s”) Motion to Dismiss for Lack of Jurisdiction In Part, or,
Alternatively, for Judgment on the Pleadings (ECF No. 13); and Maine’s Motion for
Judgment on the Pleadings (ECF No. 14). Scott W. Boak, Esq., appeared for the
Plaintiffs, and David A. Carson, Esq., appeared for the Defendants.
For the reasons set forth in the record of the hearing, the EPA expects to
approve or disapprove the approximately ten water quality standards identified in
ECF No. 22-1 at 4-5, within thirty (30) days, and, within sixty (60) days thereafter,

to approve or disapprove certain other water quality standards related to 2004 and/or
earlier years.
Based on certain recent developments that include the EPA’s recognition of
Maine’s authority to establish intrastate water quality standards affecting Indian
land or territories, as well as actions taken by the EPA as identified in ECF No. 22,
several of the issues previously presented for decision in this case may be moot.
Based on the foregoing, it is ORDERED that:
a.

This matter is stayed for a period of 120 days.

b.

The Clerk, after consulting with counsel regarding their availability,
shall schedule a case management conference to be held after the
expiration of the stay.

c.

No less than ten (10) days prior to the scheduled case management
conference, each party shall file a memorandum that identifies, in a
concise fashion, the legal issues that are moot and the legal issues that
remain for decision in this case. The memoranda shall not exceed ten
(10) pages in length.

This order is without prejudice to either party’s right to move for relief from
the stay in the event of unforeseen circumstances.
SO ORDERED.
This 13th day of February, 2015.
/s/ Jon D. Levy
U.S. District Judge

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