Wheeler

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EARTH ISLAND INSTITUTE, et al., Case No. 20-cv-00670-WHO

Plaintiffs,

ORDER DENYING MOTION FOR

v. LEAVE TO FILE MOTION FOR

RECONSIDERATION

ANDREW R. WHEELER, et al., Re: Dkt. No. 47 Defendants.

Defendants the United States Environmental Protection Agency and its Administrator, Andrew R. Wheeler (collectively, “EPA”) filed a motion for leave to file a motion for reconsideration. Dkt. No. 47. The EPA argues that I failed to address dispositive arguments raised by the EPA: namely, that “the plain language of the statute [33 U.S.C. § 1321(d)(3)] grants the Administrator the discretion to determine when and how the National Contingency Plan (“NCP”) should be revised.” Id. at 1. Civil Local Rule 7-9(b)(3) states that a party may seek leave to file a motion for reconsideration if it shows reasonable diligence and a “manifest failure by the Court to consider material facts or dispositive legal arguments which were presented to the Court before such…