Wheeler

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

Plaintiffs,

ORDER GRANTING EARTH

v. ISLAND’S MOTION FOR SUMMARY

JUDGMENT

MICHAEL S. REGAN, et al., Re: Dkt. No. 63 Defendants.

12 Plaintiffs (collectively, “Earth Island”) seek a declaratory judgment that defendants Michael S. Regan as Administrator1 and the U.S. Environmental Protection Agency (collectively, “EPA”) failed to perform a nondiscretionary duty to issue a final rule to update Subpart J of the National Contingency Plan (“NCP”) as required by the Clean Water Act (“CWA”) regarding, among other things, the removal of oil and hazardous substances after oil spills, and violated the Administrative Procedure Act (“APA”) because of its unreasonable delay. Earth Island seeks injunctive relief to require the EPA to remediate these failures expeditiously. In cross-motions for summary judgment, the parties contest whether the EPA violated the CWA and the APA. I previously denied the…