Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Citizens for Clean Air v. Wheeler

United States District Court, W.D. Washington, Seattle

October 23, 2019

CITIZENS FOR CLEAN AIR et al., Plaintiffs,
v.
ANDREW WHEELER et al., Defendants, STATE OF ALASKA Defendant-Intervenor.

          Jeremy C. Lieb Erik Grafe Kristen L. Boyles Attorneys for Citizens for Clean Air, a project of Alaska Community Action on Toxics, and Sierra Club

          Emma Pokon ALASKA DEPARTMENT OF LAW, Attorney for Defendant-Intervenor State of Alaska

          CONSENT DECREE: PLAINTIFFS AND STATE OF ALASKA

          THOMAS S. ZILLY UNITED STATES DISTRICT JUDGE.

         WHEREAS, on December 18, 2018, Citizens for Clean Air and Sierra Club (“Plaintiffs”) filed the above-captioned matter against Andrew Wheeler, in his official capacity as Administrator of the United States Environmental Protection Agency, and Chris Hladick, in his official capacity as Regional Administrator of the United States Environmental Protection Agency, Region 10 (collectively, “EPA”);

         WHEREAS, the State of Alaska moved to intervene as a defendant in this matter, and the Court granted intervention on July 16, 2019;

         WHEREAS, Plaintiffs and EPA have agreed to a settlement of this action and have entered into a separate consent decree (“EPA consent decree”);

         WHEREAS, the EPA consent decree obligates EPA to sign a notice of final rulemaking determining whether the State of Alaska has made an administratively complete state implementation plan (“SIP”) submission intended to meet serious area nonattainment plan requirements for purposes of the 2006 24-hour PM2.5 National Ambient Air Quality Standards in the Fairbanks North Star Borough;

         WHEREAS, Plaintiffs and EPA initially proposed that the EPA consent decree would obligate EPA to sign the final notice of rulemaking no later than July 8, 2019;

         WHEREAS, the State of Alaska disputes the claims asserted by Plaintiffs;

         WHEREAS, following the Court's order granting the State of Alaska's intervention motion, Plaintiffs agreed to amend the EPA consent decree to extend the date by which it would obligate EPA to sign the final notice of rulemaking to no later than January 15, 2020, provided that Plaintiffs and the State of Alaska enter into this consent decree (“State consent decree”) concurrently;

         WHEREAS, the Plaintiffs and the State of Alaska agree to enter into the State consent decree without any admission of any issue of fact or law;

         NOW THEREFORE, upon the consent of the Plaintiffs and the State of Alaska, it is hereby ordered, adjudged, and decreed that:

         1. No. later than December 15, 2019, the State of Alaska, Department of Environmental Conservation (ADEC) shall submit a serious area SIP to EPA; however, any disputes regarding the content of the serious area SIP, including whether the submitted SIP is administratively complete or approvable, are beyond the scope of this consent decree.

         2. Upon submission of the serious area SIP to EPA, ADEC will provide notice to the Court and this consent ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.