Regan

Citizens for Pennsylvania's Future v. Regan

Good Law
United States District Court, Northern District of CaliforniaNovember 22, 20223:19-cv-02004California479 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CITIZENS FOR PENNSYLVANIA'S Case No. 19-cv-02004-VC FUTURE, et al.,

Plaintiffs, ORDER GRANTING MOTION TO

AMEND THE JUDGMENT

v. Re: Dkt. No.

MICHAEL S. REGAN,

Defendant.

The motion to amend the judgment is reluctantly granted. EPA has until May 23, 2024, to complete its mandatory duties in this case: a technology review for Subpart L and both technology and risk reviews for Subpart CCCCC.1 The original deadline is now only weeks away, and EPA, the plaintiffs, and the industry representatives all agree that it cannot be met. Out of an abundance of caution, the Court grants EPA the longer of the proposed extensions. EPA now has plenty of time to collect and interpret the additional data it says is necessary to properly and defensibly meet its obligations under the statute and the LEAN decision. Louisiana Environmental Action Network v. EPA, 955 F.3d 1088 (D.C. Cir. 2020). The Court will not grant any further extensions. EPA is very, very late on congressionally mandated duties, and it does not seem to have been diligent since the original judgment was entered or since its original motion for…

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