Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency

Opinion

Se □ ee EEE EEE NI EE a 7 United States Attorney Southern District of New York 86 Chambers Street MEMOENDORSED ~~~" ™ May 12, 2023 On October 27, 2020, the Court stayed this matter pending the D.C. Circuit's decision By ECF resolving NDRC v. Wheeler (Doc. 81), which Defendant U.S. Environmental Protectio The Honorable Edgardo Ramos Agency ("EPA") advised was decided May 9. 2023. EPA now seeks to extend the stay : . g Plaintiff National Resources Defense Council consents to an extension of no more thar United States District Court | gays. The Court extends the stay 90 days, until August 15, 2023. SO ORDERED. Southern District of New York 40 Foley Square □ New York, NY 10007 EK □□ Edgardo Ramos, □□□□□□□□□ Dated: May 17, 2023 New York, New York Re: NRDC v. EPA, No. 16 Civ. 1251 (ER) Dear Judge Ramos: This Office represents defendant U.S. Environmental Protection Agency (“EPA”) in this action arising out of plaintiff Natural Resources Defense Council’s (““NRDC’”) claim that EPA has failed to take certain perchlorate-related regulatory actions. By opinion and order dated October 27, 2020 [ECF No. 81], this Court stayed this matter pending decision of the NRDC’s petition for review in the D.C. Circuit, which challenged EPA’s withdrawal of its regulatory determination with respect to perchlorate. See NRDC v. Regan, No. 20-1335 (petition filed Sept. 3, 2020). We are writing to advise the Court that on May 9, 2023, the D.C. Circuit granted NRDC’s petition, vacated EPA’s withdrawal of its regulatory determination, and remanded the matter to EPA for further proceedings. NRDC v. Regan, _F.Ath __, 2023 WL 3312344 (D.C. Cir. May 9, 2023). The United States now has 45 days in which to seek rehearing or rehearing en banc by the D.C. Circuit, Fed. R. App. P. 35, 40, and 90 days to petition the Supreme Court for a writ of certiorari, Sup. Ct. R. 13, subject to any extensions of time allowed by those courts. In order to allow the United States time to consider whether to pursue such further review and, if such review is sought, for the appellate process to be completed, and in the interest of judicial efficiency and effective use of agency resources, we respectfully request that the stay of this matter be extended to the later of (i) the expiration of time to seek further review by the D.C. Circuit or the Supreme Court and (11) the adjudication of any such review timely sought. NRDC is considering the requested stay and will file a letter with the Court setting forth its position on the request within three business days. We thank the Court for its consideration of this request.

Respectfully,

DAMIAN WILLIAMS United States Attorney

By: /s/ Tomoko Onozawa TOMOKO ONOZAWA Assistant United States Attorney Tel.: (212) 637-2721 Fax: (212) 637-2717 tomoko.onozawa@usdoj.gov

cc: All Counsel of Record (via ECF)