Clean Water SoCal v. U.S. EPA

Opinion

United States Attorney CHI SOO KIM (CA Bar No. 232346) Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Chi.Soo.Kim@usdoj.gov Telephone: (916) 554-2700

TODD KIM Assistant Attorney General ALEXANDER PURPURO (FL Bar No. 1025872) Trial Attorney United States Department of Justice Environmental & Natural Resources Division Environmental Defense Section 4 Constitution Square 150 M Street, NE, Suite 4.138 Washington, D.C. 20002 Alexander.Purpuro@usdoj.gov Telephone: (202) 514-9771

Attorneys for Defendants United States Environmental Protection Agency and U.S. EPA Region IX Water Division Director Tomas Torres CLEAN WATER SOCAL and CENTRAL CASE NO. 2:23-cv-1149-WBS-JDP

Plaintiffs, JOINT STATUS REPORT, STIPULATION AND [PROPOSED] ORDER RE: SCHEDULING AND v. ADMINISTRATIVE RECORD

PROTECTION AGENCY; and TOMAS Judge: Honorable William B. Shubb OF UNITED STATES ENVIRONMENTAL

Defendants.

Defendants United States Environmental Protection Agency (“EPA”) and Tomas Torres, Director of the Water Division of EPA Region IX, and Plaintiffs Clean Water SoCal and Central Valley Clean Water Association (collectively, “Parties”), through their respective attorneys, respectfully submit the following status report and stipulation regarding scheduling and submission of the administrative record. 1. Because this is an Administrative Procedure Act (“APA”) action, this case will be resolved through cross-motions on the merits. The Parties therefore respectfully request vacating the Status (Pretrial Scheduling) Conference currently scheduled for October 10, 2023, and the corresponding deadlines for a discovery plan and Joint Status Report. See Order re: Status (Pretrial Scheduling) Conference [ECF No. 28]. As an APA action for review of administrative action, discovery is generally not allowed and this action is exempt from Initial Disclosures. Fed. R. Civ. P. 26(a)(1)(B)(i); Hall v. Norton, 266 F.3d 969, 977 (9th Cir. 2001); Northwest Motorcycle Ass’n v. United States Dep’t of Agric., 18 F.3d 1468, 1472 (9th Cir. 1994); Friends of the Earth v. Hintz, 800 F.2d 822, 829 (9th Cir. 1986); Florida Power & Light Co. v. Lorion, 470 U.S. 729, 743-44 (1985). 2. The Parties propose that EPA will provide a draft index of the administrative record to Plaintiffs’ counsel on or before August 25, 2023; and EPA will lodge the administrative record, file a notice of lodging, and file the administrative record index on or before September 8, 2023. 3. The Parties will submit a proposed merits briefing schedule the week of September 11, 2023, to provide Plaintiffs with the time and opportunity to review the draft index of the administrative record as well as the administrative record. 1. The currently scheduled Status (Pretrial Scheduling) Conference on October 10, 2023 is vacated [ECF No. 28]. The corresponding deadlines for a discovery plan and Joint Status Report are also vacated. See Order re: Status (Pretrial Scheduling) Conference [ECF No. 28]. 2. EPA will provide a draft index of the administrative record to Plaintiffs’ counsel on or before August 25, 2023. 3. EPA will lodge the administrative record, file a notice of lodging, and file the administrative record index on or before September 8, 2023. 4. The Parties will submit a proposed merits briefing schedule to the Court the week of September 11, 2023. ! Dated: August 18, 2023 PHILLIP A. TALBERT United States Attorney By: /s/ Chi Soo Kim “CHISOOKIM —<“i‘;CS*” Assistant United States Attorney Attorneys for Defendants

Dated: August 18, 2023 DOWNEY BRAND LLP

By: /s/ Melissa A. Thorme D MELISSA A. THORME B Attorneys for Plaintiffs 1. The currently scheduled Status (Pretrial Scheduling) Conference on October 10, 2023 is vacated [ECF No. 28]. The corresponding deadlines for a discovery plan and Joint Status Report are also vacated. 2. EPA will provide a draft index of the administrative record to Plaintiffs’ counsel on or before August 25, 2023. 3. EPA will lodge the administrative record, file a notice of lodging, and file the administrative record index on or before September 8, 2023. 4. The Parties will submit a proposed merits briefing schedule to the Court the week of September 11, 2023. Dated: August 20, 2023 witteow A ha bee 98 UNITED STATES DISTRICT JUDGE

Clean Water SoCal v. § FPA. No 2?:33-cv-1149-WBS-IDP?