State of North Dakota et al v. U.S. Environmental Protection Agency

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
States of North Dakota, South Dakota, 	)
Nevada, and Texas, 	)
) 	ORDER
Plaintiffs, 	)
)
vs. 	)
)
Regina McCarthy, in her official capacity 	)
as Administrator of the United States 	)
Environmental Protection Agency, 	)
) 	Case No. 1:13-cv-109
Defendant. 	)
The above action is a suit brought by plaintiff states against EPA for failing to promulgate
the final designations of all areas within each state for SO2 NAAQS within the statutory deadline.
The court held a Case Management/Scheduling Conference with the parties on January 13, 2014.
During the conference, the court was advised there is one case pending in a federal district court in
California brought by several environmental groups covering the same subject matter in which EPA
has been adjudged liable and presently before that court is the subject of what remedy the court will
impose. Several of plaintiff states in this action have been granted leave to intervene in that action.
The court was also advised that there is another that has been filed in another federal district court
in which that court has entered an order deferring that action pending resolution of the California
case.
During the telephone conference, EPA proposed a similar deferral in this case, which was
not agreed to by plaintiff states. Consequently, the court determined that the issue of whether this
case should be similarly stayed or deferred should be addressed first. 	Consequently, the court
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ORDERS:
(1) 	EPA shall have until February 14, 2014, to file a motion (along with a brief and any
supporting documentation) to stay or otherwise hold this matter in abeyance pending
resolution of the California action.
(2) 	Plaintiff states shall have until March 7, 2014, to file responses to the EPA’s motion;
(3) 	EPA shall have until March 21, 2014, to file replies to the responses.
Dated this 13th day of January, 2014.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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