Northwest Environmental Advocates v. United States Environmental Protection Agency

Filing 95

ORDER granting parties' 94 Joint Motion to Stay Proceedings Pending Voluntary Reconsideration. This case shall be stayed pending EPA's administrative reconsideration of the referenced agency actions. Plaintiff and Defendant EPA shall file a periodic joint status report with this Court every 180 days, stating any relevant changes in the case and explaining whether the stay should continue. Signed by Judge Ricardo S. Martinez. (TH)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) NORTHWEST ENVIRONMENTAL ) ADVOCATES, ) ) Plaintiff, ) ) v. ) UNITED STATES ENVIRONMENTAL ) No. 2:14-cv-0196-RSM ) PROTECTION AGENCY, ) ORDER GRANTING STAY PENDING ) VOLUNTARY RECONSIDERATION Defendant, ) and ) NORTHWEST PULP & PAPER ASS’N, ) ) et al., ) ) Defendant-Intervenors 17 18 The Court, having considered the Joint Motion to Stay the Case Pending Voluntary 19 Reconsideration of Certain Actions, in which the Environmental Protection Agency (EPA) states 20 its intention to reconsider certain actions of either approving certain state water quality standards 21 or determining that certain state provisions are not water quality standards subject to Clean 22 Water Act section 303(c) review and approval, 33 U.S.C. § 1313(c), and for good cause shown, 23 hereby GRANTS that Motion. 24 Accordingly, IT IS HEREBY ORDERED: 25 1. 26 This case shall be stayed pending EPA’s administrative reconsideration of the referenced agency actions. 2. Once EPA completes its administrative reconsideration process of the referenced ORDER GRANTING STAY PENDING RECONSIDERATION No. 2:14-cv-0196-RSM 1 1 agency actions, by making approval or disapproval decisions, or by making a final determination 2 that such provisions are not water quality standards subject to section 303(c) review, the Parties 3 shall file an appropriate motion or motions seeking dismissal of this case or otherwise explaining 4 why such dismissal is not appropriate. 5 3. For any referenced action subject to reconsideration: (a) for which EPA has not 6 completed its administrative reconsideration, by making approval or disapproval decisions, or by 7 making a final determination that such provisions are not water quality standards subject to 8 section 303(c) review, by October 16, 2021; or (b) for which EPA has by that date completed its 9 administrative reconsideration but the claim in the Amended Complaint pertaining to that action 10 has not been rendered moot, then Plaintiff may by motion request that the Court lift the stay of 11 this case and establish a briefing schedule for the adjudication of the claim corresponding to that 12 action in Plaintiff’s First Amended Complaint (Dkt. 54) at Paragraphs 97(b), (c), (d) and (e) of 13 Claim Three, Paragraph 104(a) of Claim Four related to WAC 173-201A-200(1)(c)(i) and WAC 14 173-201A-210(1)(c)(i), and Paragraphs 104(b), (c), (d) and (e) of Claim Four. Each Party 15 reserves the right to argue that any such claim is or is not moot and to defend any such claim to 16 be adjudicated. 17 4. Plaintiff reserves the right to petition the Court for its costs, including reasonable 18 attorneys’ fees, associated with these claims. Defendant reserves the right to contest such a 19 request. 20 5. Plaintiff and Defendant EPA shall file a periodic joint status report with this 21 Court every 180 days, stating any relevant changes in the case and explaining whether the 22 stay should continue. Dated this 17 day of October, 2018. 23 A 24 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 25 26 ORDER GRANTING STAY PENDING RECONSIDERATION No. 2:14-cv-0196-RSM 2

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