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California v. United States Environmental Protection Agency

ELR Citation: 49 ELR 20001
Nos. 18-cv-03237-HSG, (N.D. Cal., 12/21/2018) (Gilliam, J.)

A district court denied EPA's motion to dismiss a lawsuit brought by several states alleging that the Agency failed to implement and enforce its 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. The Agency argued that the CAA did not unequivocally waive sovereign immunity for duties imposed by agency regulations and thus moved to dismiss for lack of subject matter jurisdiction. But the court determined that the CAA did waive sovereign immunity for the Agency's failure to perform non-discretionary duties mandated by regulations promulgated in furtherance of the CAA. The Agency also sought a motion to stay the proceedings because it was in the process of promulgating a new rule intended, in part, to amend the guidelines at issue. But the court found the Agency did not present a clear case of hardship or inequity in being required to continue, and therefore denied the Agency's motion to dismiss and motion to stay.