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Ass'n of Irritated Residents v. United States Environmental Protection Agency

ELR Citation: 48 ELR 20138
Nos. 18-cv-01604-YGR, (N.D. Cal., 07/24/2018) (Rogers, J.)

A district court granted in part an environmental group's motion for summary judgment to compel EPA to act on its 2016 Plan for the 2008 eight-hour ozone NAAQS adopted by the San Joaquin Valley Air Pollution Control District and granted in part the Agency's motion requesting an extension on the deadline to act. The group requested an order declaring that the Agency had failed to act on the Plan and issuing an injunction requiring the Agency to issue a final rule no later than December 19, 2018. In response, the Agency submitted that it could act on nine of the Plan's thirteen components by that date, but requested that the deadline for the remaining four components be extended, at a minimum, to March 19, 2019, arguing that it needed to wait until the D.C. Circuit ruled on a case that cast doubt on the selection of baseline year underlying these four components. The court disagreed, concluding that the Agency's requested time extension was excessive and determining that, at most, an additional extension of six weeks was appropriate. The court therefore ordered the Agency to issue a final rule as to its Plan by December 19, 2018, for non-baseline-year-dependent components, and to issue a final rule as to its Plan by January 31, 2019, for baseline-year-dependent components.