Association of Irritated Residents v. Fred Schakel Dairy

Good Law

460 F. Supp. 2d 1185·2006 WL 3079020·2006 U.S. Dist. LEXIS 78525

United States District Court, Eastern District of CaliforniaOctober 27, 20061:05-CV-00707 OWW SMSCalifornia3,870 words

Opinion

Wanger, J.

MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS’ MOTION TO DISMISS; DENYING DEFENDANTS’ MOTION TO STAY WITHOUT PREJUDICE

1.INTRODUCTION

Defendants move to dismiss or, in the alternative, to stay the instant action brought by Plaintiffs Association of Irritated Residents’ (“AIR”) alleging violations of the federal Clean Air Act (“CAA”). (Doc. 87, Mot. To Dismiss, Filed August 4, 2004.) AIR opposes the motion. (Doc. 102-1, Filed August 18, 2006.)

2.PROCEDURAL BACKGROUND

AIR filed its initial complaint on June 1, 2005. (Doc. 1, Complaint.) AIR then filed a Third Amended Complaint (“TAC”) on May 26, 2006. (Doc. 68, TAC.) On August 4, 2006, Defendants filed a motion to dismiss or in the alternative motion to stay the action against them. (Doc. 87, Mot. to Dis.) AIR opposed the motion on August 18, 2006. (Doc. 102, Pl.’s Opp. To Mot. To Dismiss.) On August 22, 2006 Defendants filed a reply. (Doc. 106, Def.’s Reply to Opp.)

3.FACTUAL BACKGROUND

A. The Clean Air Act

The general purpose of the CAA is to enhance the quality of the nation’s air quality resources for the benefit of public health. The CAA requires the United States Environmental Protection Agency (“EPA”) to set…

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