Riverkeeper, Inc. et al v. Pruitt et al

Filing 188

ORDER granting 187 Letter Motion to Stay re: 187 SECOND LETTER MOTION to Stay further action on ECF Nos. 128, 145, 150, 154, 173 until Nov. 18, 2022 addressed to Judge Vernon S. Broderick from AUSA Tomoko Onozawa dated Sept. 12, 2022. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/13/2022) (tg)

Case 1:17-cv-04916-VSB Document 188 Filed 09/13/22 Page 1 of 2
U.S. Department of Justice
United States Attorney
Southern District of New York
86 Chambers Street
New York, New York 10007

September 12, 2022
BY ECF

The Honorable Vernon S. Broderick
United States District Judge
United States Courthouse
40 Foley Square
New York, New York 10007
Re:

09/13/2022

Riverkeeper, Inc. v. Regan, No. 17 Civ. 4916 (VSB)

Dear Judge Broderick:
On behalf of defendants and with the consent of all parties, I write in accordance with the
Court’s endorsed order dated August 12, 2022 [ECF No. 185], to provide an update on the
parties’ discussions regarding intervenor-defendant New York State Department of
Environmental Conservation’s (“NYSDEC”) advanced notice of proposed rulemaking
(“ANPRM”), which was referenced in defendants’ August 10, 2022 letter to the Court [ECF No.
184]. On September 7, 2022, representatives of defendants, NYSDEC, and intervenor-defendant
the City of New York (“NYC”) had an extensive discussion with plaintiffs regarding NYSDEC’s
ANPRM, and wish to continue those discussions.
Accordingly, defendants respectfully request that the Court continue to hold in abeyance
any action on the parties’ pending cross-motions for summary judgment and NYSDEC’s motion
to amend its answer to assert a cross-claim against EPA [ECF Nos. 128, 150, 145, 154, 173],
until November 18, 2022. Defendants further propose that the parties submit a joint status letter
to the Court on or before November 14, 2022. This is the defendants’ second request for the
Court to hold these motions in abeyance. Plaintiffs and intervenor-defendants NYSDEC and
NYC consent to this request.
We thank the Court for its consideration of this request.

Case 1:17-cv-04916-VSB Document 188 Filed 09/13/22 Page 2 of 2
Hon. Vernon S. Broderick
September 12, 2022

Page 2 of 2

Respectfully,
DAMIAN WILLIAMS
United States Attorney
/s/ Tomoko Onozawa
By: TOMOKO ONOZAWA
Assistant United States Attorney
Tel: [phone]
Fax: [phone]
cc (via ECF): All counsel of record