Opinion
CASE NO. 18-cv-01604-YGR
08-10-2018
ASSOCIATION OF IRRITATED RESIDENTS, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, ET AL., Defendants.
JUDGMENT
Judgment is hereby entered in favor of Plaintiff Association of Irritated Residents ("AIR") consistent with the Court's Order Granting in Part Motions for Summary Judgment; Denying Motion to Stay (Dkt. No. 41).
The Court DECLARES that Defendants U.S. Environmental Protection Agency, et al. (collectively "EPA") have failed to perform a non-discretionary duty imposed by 42 U.S.C. § 7410(k)(2) by failing to act on the San Joaquin Valley Unified Air Pollution Control District's 2016 Plan for the 2008 8-Hour Ozone Standard ("2016 Ozone Plan") by December 19, 2017.
The Court ORDERS EPA to approve or disapprove, in whole or in part, the 2016 Ozone Plan, in accordance with 42 U.S.C. § 7410(k), no later than December 19, 2018, except for the four baseline year-dependent components of the 2016 Ozone Plan.
The Court ORDERS EPA to approve or disapprove, in whole or in part, the four baseline year-dependent components of the 2016 Ozone Plan, in accordance with 42 U.S.C. § 7410(k), no later than January 31, 2019. The four baseline year-dependent components of the 2016 Ozone Plan are the (1) baseline year emissions inventory; (2) reasonable further progress demonstration; (3) contingency measures; and (4) motor vehicle emissions budgets.
The Court retains jurisdiction to make such orders as may be necessary or appropriate.
This document constitutes a judgment and a separate document for purposes of Federal Rule of Civil Procedure 58(a). Dated: August 10, 2018
/s/ _________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE