Riverkeeper, Inc. et al v. Pruitt et al

Filing 200

ORDER granting 199 Letter Motion to Stay re: 199 EIGHTH LETTER MOTION to Stay ECF Nos. 128, 150, 145, 154, 173 and Joint Status Report addressed to Judge Vernon S. Broderick from AUSA Tomoko Onozawa dated March 6, 2024., 173 MOTION to Amend/Correct 123 Answer to Amended Complaint ., 145 CROSS MOTION for Summary Judgment ., 128 MOTION for Summary Judgment ., 154 CROSS MOTION for Summary Judgment ., 150 CROSS MOTION for Summary Judgment . APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/7/2024) (tg)

U.S. Department of Justice
United States Attorney
Southern District of New York
86 Chambers Street
New York, New York 10007

March 6, 2024
BY ECF
The Honorable Vernon S. Broderick
United States District Judge
United States Courthouse
40 Foley Square
New York, New York 10007
Re:

Dated: March 7, 2024

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

Dear Judge Broderick:
On behalf of defendants U.S. Environmental Protection Agency (“EPA”) and Michael
Regan, in his official capacity as Administrator of the EPA (jointly, “defendants”) and with the
consent of all parties, I write to provide the Court a status update as provided in the Court’s
endorsed order dated September 27, 2023 [ECF No. 198].
On September 26, 2023, intervenor-defendant New York State Department of
Environmental Conservation (“NYSDEC”) promulgated the first rulemaking described in the
parties’ last status report [ECF No. 197]. This rule, which became effective on October 18, 2023,
amends water quality standard regulations for four classes of saline waters, including revisions
regarding enterococci criteria relevant to this litigation. The last status report also indicated that
NYSDEC would undertake a second rulemaking to reclassify specific saline waters at issue in this
litigation into different classes governed by the amended water quality standard regulations.
However, upon further analysis, the parties now believe it would be more appropriate to undertake
separate reclassification rulemakings for different groups of the affected waterbodies rather than
one such rulemaking for all of the affected waters. Accordingly, NYSDEC is developing those
rulemakings. NYSDEC anticipates filing the Notice of Proposed Rule Making associated with the
first of those rulemakings with the New York State Department of State by March 31, 2025.
On February 29, 2024, plaintiffs’ counsel sent counsel for defendants and intervenordefendants a letter providing substantive comments on NYSDEC’s rulemaking process and
requesting various actions and commitments from the defendants and intervenor-defendants that
may inform changes to that rulemaking process. Defendants and intervenor-defendants intend to
respond to plaintiffs’ letter after appropriate internal consultations, which may be considerable.
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] for 90
days, until June 10, 2024. Defendants further propose that the parties submit a joint status letter
to the Court on or before June 5, 2024. Defendants further propose that any party may file a letter
with this Court to terminate the abeyance period prior to June 5, 2024, but must first notify the

Case 1:17-cv-04916-VSB Document 199 Filed 03/06/24 Page 2 of 2
Hon. Vernon S. Broderick
March 6, 2024

Page 2 of 2

remaining parties at least two weeks prior to filing its letter, with the parties to engage in a meet
and confer as soon as reasonably practicable. This is the defendants’ eighth request on consent for
the Court to hold these motions in abeyance. Plaintiffs and intervenor-defendants NYSDEC and
the City of New York consent to this request.
We thank the Court for its consideration of this request.
Respectfully,
DAMIAN WILLIAMS
United States Attorney
/s/ Tomoko Onozawa
By: TOMOKO ONOZAWA
Assistant United States Attorney
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cc (via ECF): All counsel of record