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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?