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Sierra Club v. United States Environmental Protection Agency

United States District Court, N.D. California

July 26, 2016

SIERRA CLUB, CENTER FOR BIOLOGICAL DIVERSITY, WILDEARTH GUARDIANS, MEDICAL ADVOCATES FOR HEALTHY AIR, and PHYSICIANS FOR SOCIAL RESPONSIBILITY — LOS ANGELES, Plaintiffs,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; GINA McCARTHY, in her official capacity as Administrator of the United States Environmental Protection Agency; and ALEXIS STRAUSS, in her official capacity as Acting Regional Administrator of the United States Environmental Protection Agency, Defendants, and SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, Defendant-Intervenor.

          Sierra Club, Plaintiff, represented by Elizabeth Britta Forsyth, Earthjustice & Paul Robert Cort, Earthjustice.

          Center For Biological Diversity, Plaintiff, represented by Elizabeth Britta Forsyth, Earthjustice & Paul Robert Cort, Earthjustice.

          WildEarth Guardians, Plaintiff, represented by Elizabeth Britta Forsyth, Earthjustice & Paul Robert Cort, Earthjustice.

          Medical Advocates for Healthy Air, Plaintiff, represented by Elizabeth Britta Forsyth, Earthjustice & Paul Robert Cort, Earthjustice.

          Physicians for Social Responsibility- Los Angeles, Plaintiff, represented by Elizabeth Britta Forsyth, Earthjustice & Paul Robert Cort, Earthjustice.

          United States Environmental Protection Agency, Defendant, represented by Leslie M. Hill, Department of Justice.

          Gina McCarthy, Defendant, represented by Leslie M. Hill, Department of Justice.

          South Coast Air Quality Management District, ntervenor Dft, represented by Barbara Beth Baird, South Coast AQMD.

          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 ...


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