State of California v. United States Environmental Protection Agency

I. BACKGROUND

1 As relevant for the pending motion, on August 29, 2016, EPA promulgated a final rule 2 related to Municipal Solid Waste landfills.2 Emission Guidelines and Compliance Times for 3 Municipal Solid Waste Landfills, 81 Fed. Reg. 59,276 (Aug. 29, 2016) (“Old Rule”). The Old 4 Rule became effective on October 28, 2016. Thereafter, according to EPA’s regulations: 5 1. States were required to submit implementation plans by May 6 30, 2017, see 40 C.F.R. § 60.23(a)(1); 2. EPA was required to approve or disapprove submitted plans 7 by September 30, 2017, see 40 C.F.R. § 60.27(b); and 3. If either (i) states to which the guideline pertained did not 8 submit implementation plans, or (ii) EPA disapproved a submitted plan, then EPA was required to promulgate a federal plan within six 9 months of the submission deadline (November 30, 2017), see 40 C.F.R. § 60.27(d). 10 The parties agreed that EPA failed to fulfill certain non-discretionary duties under 40 11 C.F.R. § 60.27, and after finding that Plaintiffs had standing to bring suit, the Court granted partial 12 summary judgment for Plaintiffs. Dkt. No. 98. …