Athletics Investment Group, LLC v. Schnitzer Steel Industries, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ATHLETICS INVESTMENT GROUP, Case No. 21-cv-05246-MMC (DMR)

LLC,

8 Plaintiff, ORDER ON OUTSTANDING

DISCOVERY DISPUTES RE:

v. SUBPOENA TO BAAQMD 10 SCHNITZER STEEL INDUSTRIES, INC., Re: Dkt. Nos. 166, 169 11 Defendant. 12 This is an action brought pursuant to the Clean Air Act’s (“CAA”) citizen suit enforcement provision, 42 U.S.C. § 7604, to challenge Defendant Schnitzer Steel Industries, Inc.’s (“Schnitzer”) operations at its metal shredding facility in West Oakland (the “facility”). Plaintiff Athletics Investment Group, LLC (“AIG”) served a subpoena for documents on third-party Bay Area Air Quality Management District (“BAAQMD” or “the District”), a California state agency that regulates stationary sources of air pollution in San Francisco Bay Area counties. BAAQMD objected. In relevant part, it withheld approximately 9,000 documents on the basis of the deliberative process privilege. AIG moved to compel. [Docket No. 103 (Jt. Letter).] On May 14, 2024, the…