ELR Citation: 50 ELR 20001
No(s). 18-cv-03237-HSG (N.D. Cal. Dec 17, 2019) (Gilliam, J.)

A district court denied EPA's request to stay a previous order requiring it to comply with its 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. Eight states had argued that the Agency failed to implement and enforce the guidelines by, among other things, failing to promulgate regulations for a federal implementation plan (FIP) by the deadline imposed in the guidelines, in violation of the CAA. The court initially ordered EPA to promulgate the FIP no later than November 6, 2019. In response, EPA sought to delay its compliance by issuing a new deadline for promulgating the regulations under a separate rulemaking. The court denied the request, concluding that if the Agency were allowed to extend its own deadlines it would be able to avoid any lawsuit aimed at forcing it to take action. The Agency then sought to stay the initial order pending its appeal of the court's later order denying its request for an extension. The court found that EPA's compliance with the initial deadline was not a substantial burden because the Agency had already promulgated and received comments on a proposed FIP, and that the states continued to be harmed by the lateness of the plan. It again denied the Agency's request to extend the initial deadline for complying with the guidelines.