Filed: May 03, 2019
Latest Update: May 03, 2019
Summary: JOINT STIPULATION OF DISMISSAL RICHARD SEEBORG , District Judge . WHEREAS, Plaintiffs Committee for a Better Arvin, Committee for a Better Shafter, Medical Advocates for Healthy Air, and National Parks Conservation Association alleged in their Complaint that Defendant, Andrew R. Wheeler, in his official capacity as the Acting Administrator of the U.S. Environmental Protection Agency ("EPA") and Mike Stoker in his capacity as Regional Administrator of EPA Region 9 failed to make findings of
Summary: JOINT STIPULATION OF DISMISSAL RICHARD SEEBORG , District Judge . WHEREAS, Plaintiffs Committee for a Better Arvin, Committee for a Better Shafter, Medical Advocates for Healthy Air, and National Parks Conservation Association alleged in their Complaint that Defendant, Andrew R. Wheeler, in his official capacity as the Acting Administrator of the U.S. Environmental Protection Agency ("EPA") and Mike Stoker in his capacity as Regional Administrator of EPA Region 9 failed to make findings of f..
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JOINT STIPULATION OF DISMISSAL
RICHARD SEEBORG, District Judge.
WHEREAS, Plaintiffs Committee for a Better Arvin, Committee for a Better Shafter, Medical Advocates for Healthy Air, and National Parks Conservation Association alleged in their Complaint that Defendant, Andrew R. Wheeler, in his official capacity as the Acting Administrator of the U.S. Environmental Protection Agency ("EPA") and Mike Stoker in his capacity as Regional Administrator of EPA Region 9 failed to make findings of failure to submit nonattainment state implementation plans ("SIPs") for the San Joaquin Valley for various elements of Clean Air Act ("CAA") 42 U.S.C. § 7513a, for the 1997, 2006, and 2012 fine particulate matter ("PM2.5") national ambient air quality standards ("NAAQS") (Dkt. No. 1);
WHEREAS, Plaintiffs filed a motion for summary judgment to compel EPA to issue the findings of failure to submit with 30 days (Dkt. No. 9);
WHEREAS, on October 17, 2018, EPA answered the Complaint (Dkt. No. 21);
WHEREAS, the Court granted Plaintiffs' motion for summary judgment (Dkt. 22);
WHEREAS, the Court also ordered, "[p]ursuant to 42 U.S.C. § 7604(d), defendants shall reimburse plaintiffs for the reasonable costs plaintiffs have incurred as a result of this litigation, including reasonable attorney fees, in an amount to be determined upon submission of the necessary application in accordance with the rules;"
WHEREAS, EPA made findings of failure to submit a SIP for the time periods identified by the Plaintiffs. Final Rule, 83 Fed. Reg. 62,720 (Dec. 6, 2018);
WHEREAS, pursuant to stipulation, the Court continued the initial case management conference scheduled until June 13, 2019, to allow the parties to resolve plaintiffs' claim for costs of litigation (Dkt. 29);
WHEREAS, the parties agree that all substantive claims are now moot;
WHEREAS, the parties have resolved Plaintiffs' claim for cost of litigation pursuant to CAA section 304(d), 42 U.S.C. § 7604(d), but payment has not yet been effectuated. EPA expects that payment will be completed by August 28, 2019;
NOW THEREFORE, the parties stipulate that pursuant to Fed. R. Civ. Proc. 41(a)(1)(A)(ii):
1. All claims are dismissed.
2. Plaintiffs' claim for costs of litigation is dismissed.
3. The parties stipulate to and request that the Court enter an order vacating the case management conference set for June 13, 2019 (Dkt. No. 29).
ORDER
Pursuant to Fed. R. Civ. P. 41(a)(1)(A), the parties have jointly stipulated to dismissal of this matter. In light of the stipulated dismissal, the case management hearing set for June 13, 2019 is hereby VACATED.
IT IS SO ORDERED.
