STIPULATION OF DISMISSAL WITHOUT PREJUDICE

EDWARD M. CHEN, District Judge.

WHEREAS Plaintiffs' First Amended Complaint alleges that, pursuant to the Clean Air Act, Defendants United States Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency; and Alexis Strauss,1 in her official capacity as Acting Regional Administrator of Region IX of the United States Environmental Protection Agency (collectively, "EPA") was required to make a finding that California's Los Angeles-South Coast Air Basin ("South Coast") had failed to come into attainment with EPA's 1997 fine particulate matter pollution standards by the applicable attainment date;

WHEREAS on July 8, 2016, Defendant determined that the South Coast has attained the 1997 fine particulate matter pollution National Ambient Air Quality Standards ("NAAQS") based on current air quality data, Final Rule, 81 Fed. Reg. 48,350 (July 25, 2016);

WHEREAS based on EPA's Clean Data Determination, Plaintiffs no longer intend to pursue their claim against EPA for failure to find that the South Coast had failed to come into attainment with EPA's 1997 fine particulate matter pollution standards by the applicable attainment date; and

WHEREAS, if future air quality data show that the South Coast begins to violate the 1997 fine particulate matter pollution standards again, Plaintiffs may decide to pursue available legal remedies.

THEREFORE, IT IS HEREBY STIPULATED by and between the parties and their counsel of record that this case shall be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii).

IT IS SO ORDERED.