State of California v. United States Environmental Protection Agency

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STATE OF CALIFORNIA, et al., Case No. 18-cv-03237-HSG Plaintiffs, ORDER MODIFYING JUDGMENT

AND DENYING MOTION TO STAY

v. Re: Dkt. No. 145 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., 11 Defendants. 12 The Court fully incorporates the factual background from its prior order denying EPA’s Rule 60(b) motion. See California v. United States EPA, No. 18-cv-03237-HSG, 2019 U.S. Dist. LEXIS 192206, at *3 (N.D. Cal. Nov. 5, 2019). On October 22, 2020, the Ninth Circuit reversed the Court’s order denying EPA’s Rule 60(b) motion to modify an injunction which required EPA to promulgate its federal landfill emissions plan by November 6, 2019. California v. United States EPA, 978 F.3d 708, 719 (9th Cir. 2020). EPA had promulgated new regulations changing the regulatory deadline underpinning the injunction. Id. at 711. The Ninth Circuit held that “EPA’s new regulations ha[d] removed the legal basis for the court’s deadline” and that the Court had “refuse[d] to…