Global Community Monitor v. Mammoth Pacific, L.P.

AMENDED MEMORANDUM AND ORDER

Plaintiffs Laborers’ International Union of North America Local Union No. 783, Randal Sipes, Jr., and Russel Covington filed a citizen suit pursuant to section 304(a) of the federal Clean Air Act (“CAA”), 42 U.S.C. § 7604 , which allows any person to bring a lawsuit in federal court against any person who violates an “emission standard or limitation.”

Presently before the Court are four motions: (1) Plaintiffs’ Motion for Partial Summary Judgment, ECF No. 75; (2) Defendants’ Motion for Summary Judgment, ECF No. 82; (3) Defendants’ Motion to Exclude, ECF No. 90; and (4) Defendants’ Motion for Leave to File Surreply, ECF No. 100. For the reasons that follow, Defendants’ Motion for Summary Judgment is GRANTED. However, Defendants’ Motion for Leave to File Surreply is DENIED, and the Defendants’ counsel is directed to pay a sanction of $1,500 for making a frivolous filing, continuing to use lengthy footnotes, and ignoring page limits despite the Court’s prior warning. Furthermore, in light of the disposition of Defendants’ Motion for Summary Judgment, Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Motion to Exclude are DENIED AS…