Helliker

KARLTON, Senior District Judge.

Pending before the court are cross-motions for summary judgment filed by plaintiffs and state defendants. [1] The suit involves two claims made by plaintiffs effectively brought against several state agencies, under the Clean Air Act ("The Act" or "CAA"), 42 U.S.C. §§ 7401 , et seq. [2] In their first cause of action, plaintiffs, unincorporated associations and non-profit organizations representing members who live and work in affected areas, [3] allege that defendants failed to adopt and implement regulations by June 15, 1997 as required by the California State Implementation Plan ("SIP"). In their second claim, plaintiffs allege that defendants improperly calculated the 1990 baseline emission inventory in violation of the SIP. [4] Plaintiffs and state defendants move for summary judgment on both claims.

I resolve the matter based on the pleadings, the parties' papers, and after oral argument. Remarkably, I conclude that although plaintiffs' motion for summary judgment as to the second cause of action must be denied, by virtue of the fact that the defendants calculated the baseline in a manner inconsistent with the SIP, the plaintiffs' motion for…