Bayview Hunters Point Community Advocates v. Metropolitan Transportation Commission

ORDER

These matters came before the Court on Tuesday, November 6, 2001, on the parties’ cross-motions for summary judgment under Federal Rule of Civil Procedure 56. After careful consideration of the parties’ written and oral arguments, this Court GRANTS IN PART and DENIES IN PART each of the parties’ motions as described in the discussion below.

FACTUAL BACKGROUND

This suit arises out of the federal Clean Air Act (“CAA”), 42 U.S.C. §§ 7401 -7671q (2001), the history of which has been well-documented elsewhere. See, e.g., Citizens for a Better Env’t v. Deukmejian, 731 F.Supp. 1448, 1451-52 (N.D.Cal.1990) [hereinafter “CBE /”]. As part of the CAA, states are required to develop, and submit to the Environmental Protection Agency (“EPA”) for approval, a state implementation plan (“SIP”) for achieving and maintaining National Ambient Air Quality Standards (“NAAQS”). At issue in this case is the portion of the California SIP applicable to the San Francisco Bay Area, which remains a non-attainment ai’ea for the ozone NAAQS thirty years after that standard was first promulgated. See, e.g., Appi-oval and Promulgation of Ozone Attainment Plan and Finding of Failure to Attain; San…