Citizens for Clean Air et al v. McCarthy et al

Filing 42

ORDER granting Defendants' unopposed 41 Motion to terminate the consent decree and dismiss the case. The case is DISMISSED with prejudice. Signed by U.S. District Judge John C Coughenour. (PM)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 CITIZENS FOR CLEAN AIR, et al., 10 Plaintiffs, 11 ORDER v. 12 CASE NO. C16-0857-JCC SCOTT PRUITT, et al., 13 Defendants. 14 15 This matter comes before the Court on Defendants’ unopposed motion to terminate 16 consent decree and dismiss the case (Dkt. No. 41). Having thoroughly considered the parties’ 17 briefing and the relevant record, the Court hereby GRANTS the motion for the reasons explained 18 herein. 19 On January 5, 2017, the Court granted the parties’ joint motion to enter a consent decree 20 (Dkt. No. 32.) Under the consent decree, Defendants could move the Court to terminate the 21 decree and dismiss the case if they had signed a notice of final rulemaking on their proposal to 22 approve, disapprove, or conditionally approve, in whole or in part, the Fairbanks 2015 PM2.5 23 Plan pursuant to section 110(k)(2)-(4) of Clean Air Act, 42 U.S.C. § 7410(k)(2)–(4), no later 24 than August 28, 2017. (Dkt. No. 32 at 3–4.) In addition, the notice of final rulemaking had to be 25 published in the Federal Register, and the issue of costs of litigation, including reasonable 26 attorney fees, had to be resolved. (Id.) ORDER C16-0857-JCC PAGE - 1 1 On August 21, 2017, the U.S. Environmental Protection Agency (“EPA”) signed a notice 2 of final rulemaking on its proposal to approve the Fairbanks North Star Borough Moderate Area 3 Attainment Plan for attainment of the 2006 24-hour fine particulate matter National Ambient Air 4 Quality Standards. (Dkt. No. 41 at 1.) EPA published notice of that final rulemaking in the 5 Federal Register on September 8, 2017. (Id.) The parties have resolved the issue of costs of 6 litigation. (Id. at 2.) Plaintiffs do not oppose this motion. (Id.) 7 8 9 For the foregoing reasons, Defendants’ motion to terminate the consent decree and dismiss the case (Dkt. No. 41) is GRANTED. The case is DISMISSED with prejudice. DATED this 4th day of October 2017. A 10 11 12 John C. Coughenour UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER C16-0857-JCC PAGE - 2

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