United States v. Pacific Gas & Electric

ORDER DENYING WILD EQUITY INSTITUTE’S MOTION TO INTERVENE AND GRANTING PLAINTIFF’S MOTION TO ENTER THE PROPOSED SECOND AMENDED CONSENT DECREE

On February 25, 2011, the Court held a hearing on Wild Equity Institute’s motion to intervene and plaintiffs motion to enter the proposed second amended consent decree. For the reasons set forth below, the Court DENIES Wild Equity Institute’s motion to intervene and GRANTS plaintiffs motion to enter the consent decree.

BACKGROUND

This case concerns the Gateway Generating Station, a power plant located near Antioch, California. In September 2009, the United States Environmental Protection Agency (“EPA”) filed a complaint against defendant PG & E, alleging that PG & E constructed the Gateway Station and operated it in violation of the New Source Review program of the Clean Air Act. The EPA alleges that a 2001 New Source Review permit authorizing construction of the Gateway Station expired before PG & E constructed the plant and began operating it.

The EPA and PG & E entered into settlement negotiations, and now request that the Court approve and enter a proposed second amended consent decree. Intervenor Communities for a Better Environment…