State of California v. United States Environmental Protection Agency
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STATE OF CALIFORNIA, et al., Case No. 18-cv-03237-HSG
Plaintiffs, ORDER DENYING MOTION TO STAY v. Re: Dkt. No. 129
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., 11 Defendants. 12 Pending before the Court is Defendants’ motion for a stay pending appeal of the Court’s November 5, 2019 Order denying EPA’s motion to alter judgment under Federal Rule of Civil Procedure 60(b)(5). Dkt. No. 129. As relevant for the pending motion, as of October 28, 2016, the EPA’s regulations imposed the following requirements: 1. States were required to submit implementation plans by May 30, 2017, see 40 C.F.R. § 60.23(a)(1); 2. EPA was required to approve or disapprove submitted plans 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 submit implementation plans, or (ii) EPA disapproved a submitted plan, then EPA was required to promulgate a…