AMERICAN LUNG ASSOCIATION et al v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al

Federal Civil Lawsuit District Of Columbia District Court, Case No. 1:12-cv-00243
District Judge Robert L. Wilkins, presiding
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District Judge Robert L. Wilkins
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Summary

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Parties
No Logo American Lung Association, Plaintiff

Represented by EARTHJUSTICE

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David S. Baron +1 202 667 4500 +1 202 667 2356 dbaron@earthjustice.org
PRO HAC VICE, ATTORNEY TO BE NOTICED Paul Robert Cort +1 415 217 2077 +1 510 550 6740 pcort@earthjustice.org
No Logo Commonwealth of Massachusetts, Plaintiff

Represented by Office of the Massachusetts Attorney General

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED I. Andrew Goldberg +1 617 963 2429 andy.goldberg@state.ma.us
No Logo National Parks Conservation Association, Plaintiff

Represented by EARTHJUSTICE

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David S. Baron +1 202 667 4500 +1 202 667 2356 dbaron@earthjustice.org
PRO HAC VICE, ATTORNEY TO BE NOTICED Paul Robert Cort +1 415 217 2077 +1 510 550 6740 pcort@earthjustice.org
No Logo State of California, Plaintiff

Represented by Office of the California Attorney General

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Susan L. Durbin +1 916 324 5475 +1 916 327 2319 susan.durbin@doj.ca.gov
No Logo State of Delaware, Plaintiff

Represented by State of Delaware

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Valerie S. Csizmadia +1 302 739 4636 +1 302 739 4624 valerie.csizmadia@state.de.us
No Logo State of Maryland, Plaintiff

Represented by Office of the Maryland Attorney General

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mary E. Raivel +1 410 537 3035 mraivel@mde.state.md.us
No Logo State of New York, Plaintiff

Represented by Law Offices of Michael Joseph Myers

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael J. Myers +1 518 776 2382 +1 518 473 2534 michael.myers@oag.state.ny.us
No Logo State Of Oregon, Plaintiff

Represented by State of Oregon

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Paul S. Logan +1 971 673 1943 +1 971 673 1884 paul.s.logan@doj.state.or.us
No Logo State of Rhode Island, Plaintiff

Represented by State of Rhode Island

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Gregory Stage Schultz +2226 222 222 6607 +2223 222 222 3378 gschultz@riag.ri.gov
No Logo State of Vermont, Plaintiff

Represented by Office of the Vermont Attorney General

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thea Schwartz +1 802 828 3186 +1 802 828 2154 tschwartz@atg.state.vt.us
No Logo State Of Washington, Plaintiff

Represented by Office of the Washington Attorney General

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Leslie R Seffern +1 360 586 6770 +1 360 586 4613 leslie.seffern@atg.wa.gov
v.
No Logo LISA P. JACKSON, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brian H. Lynk +1 202 514 6187 +1 202 514 8865 brian.lynk@usdoj.gov
United States Environmental Protection Agency United States Environmental Protection Agency, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brian H. Lynk +1 202 514 6187 +1 202 514 8865 brian.lynk@usdoj.gov
Attributes
Citation Section 42 U.S.C. § 7604
Nature of Suit 893 - Environmental Matters
Timeline
  Entries (34) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 34 Filed: 5/30/2012, Entered: None
STATUS REPORT by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Lynk, Brian) (Entered: 05/30/2012)
LREF
Legal Document (Payment Possibly Required) 33 Filed: 5/16/2012, Entered: None
Memorandum in opposition to re 30 Cross MOTION for Summary Judgment filed by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (See Docket Entry 32 to view document. Counsel is instructed to docket the opposition as a separate docket entry in the future)(rdj) (Entered: 05/17/2012)
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Legal Document (Payment Possibly Required) 32 Filed: 5/16/2012, Entered: None
REPLY to opposition to motion re 28 Cross MOTION for Summary Judgment as to Remedy filed by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 EPA Response to State Plaintiffs' Statement of Material Facts)(Lynk, Brian) Modified on 5/17/2012 to enhance text(rdj). (Entered: 05/16/2012)
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Legal Document (Payment Possibly Required) 31 Filed: 5/11/2012, Entered: None
Memorandum in opposition to re 28 Cross MOTION for Summary Judgment as to Remedy filed by AMERICAN LUNG ASSOCIATION. (See Docket Entry 29 to view document. Counsel is instructed to docket the opposition as a separate docket entry in the future)(rdj) (Entered: 05/14/2012)
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Legal Document (Payment Possibly Required) 30 Filed: 5/11/2012, Entered: None
Cross MOTION for Summary Judgment by STATE OF CALIFORNIA, STATE OF CONNECTICUT, STATE OF DELAWARE, STATE OF MARYLAND, STATE OF MEXICO, STATE OF NEW YORK, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, STATE OF WASHINGTON (Attachments: # 1 Declaration Assistant Attorney General Michael J. Myers, # 2 Exhibit A to Myers Decl., # 3 Exhibit B to Myers Decl., # 4 Exhibit C to Myers Decl., # 5 Exhibit D to Myers Decl., # 6 Exhibit E to Myers Decl., # 7 Exhibit F to Myers Decl., # 8 Exhibit G to Myers Decl., # 9 Exhibit H to Myers Decl., # 10 Exhibit I to Myers Decl., # 11 Exhibit J to Myers Decl., # 12 Declaration Karen Magliano, # 13 Declaration Dr. Linda Tombras Smith, # 14 Declaration Ali Mirzakhalili, P.E., # 15 Declaration Dr. Jed L. Miller, # 16 Declaration Robert Sliwinski, P.E., # 17 Declaration Andrew Ginsburg, # 18 Declaration Dr. Matthew Kadlec, # 19 Memorandum in Support Memorandum of Points and Authorities in Support of State Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to EPA's Cross-Motion for Summary Judgment as to Remedy, # 20 Statement of Facts, # 21 Request for Judicial Notice, # 22 Text of Proposed Order)(Myers, Michael) (Entered: 05/11/2012)
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Legal Document (Payment Possibly Required) 29 Filed: 5/11/2012, Entered: None
REPLY to opposition to motion re 4 MOTION for Preliminary Injunction and for Permanent Injunction filed by AMERICAN LUNG ASSOCIATION, NATIONAL PARKS CONSERVATION ASSOCIATION. (Attachments: # 1 Text of Proposed Order, # 2 Request for Judicial Notice, # 3 Declaration in Support of Request for Judicial Notice, # 4 Exhibit to Hudak Declaration)(Cort, Paul) Modified on 5/14/2012 to correct linkage(rdj). (Entered: 05/11/2012)
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Blank 28 Filed: 5/4/2012, Entered: None
Cross MOTION for Summary Judgment as to Remedy by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Memorandum in Support, # 4 Attachment 1: McCarthy Declaration, # 5 Attachment 2: January Declaration, # 6 Attachment 3: D.C. Circuit Order Denying Mandamus Petitions)(Lynk, Brian) (Entered: 05/04/2012)
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Legal Document (Payment Possibly Required) 27 Filed: 5/3/2012, Entered: None
NOTICE of Appearance by Thea Schwartz on behalf of STATE OF VERMONT (Schwartz, Thea) (Entered: 05/03/2012)
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Legal Document (Payment Possibly Required) 26 Filed: 4/30/2012, Entered: None
NOTICE of Appearance by I. Andrew Goldberg on behalf of COMMONWEALTH OF MASSACHUSETTS (Goldberg, I.) (Entered: 04/30/2012)
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Legal Document (Payment Possibly Required) 25 Filed: 4/30/2012, Entered: None
NOTICE of Appearance by Gregory Stage Schultz on behalf of STATE OF RHODE ISLAND (Schultz, Gregory) (Entered: 04/30/2012)
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Legal Document (Payment Possibly Required) 24 Filed: 4/23/2012, Entered: None
ANSWER to 1 Complaint Defendants' Answer to States' Complaint by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Lynk, Brian) (Entered: 04/23/2012)
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Legal Document (Payment Possibly Required) 23 Filed: 4/23/2012, Entered: None
ANSWER to 1 Complaint, by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Lynk, Brian) (Entered: 04/23/2012)
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Legal Document (Payment Possibly Required) 22 Filed: 4/19/2012, Entered: None
NOTICE of Appearance by Mary E. Raivel on behalf of STATE OF MARYLAND (Raivel, Mary) (Entered: 04/19/2012)
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Legal Document (Payment Possibly Required) 21 Filed: 4/19/2012, Entered: None
NOTICE of Appearance by Paul S. Logan on behalf of STATE OF OREGON (Logan, Paul) (Entered: 04/19/2012)
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Legal Document (Payment Possibly Required) 20 Filed: 4/18/2012, Entered: None
NOTICE of Appearance by Leslie R. Seffern on behalf of STATE OF WASHINGTON (Seffern, Leslie) (Entered: 04/18/2012)
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Legal Document (Payment Possibly Required) 19 Filed: 4/18/2012, Entered: None
NOTICE of Appearance by Valerie M Satterfield on behalf of STATE OF DELAWARE, Associated Cases: 1:12-cv-00243-RLW, 1:12-cv-00531-RLW(Satterfield, Valerie) (Entered: 04/18/2012)
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Legal Document (Payment Possibly Required) 18 Filed: 4/18/2012, Entered: None Court Filing
ORDER granting 16 Joint MOTION for Scheduling Order; Defendants will file their opposition to Environmental Plaintiffs preliminary injunction application and may also cross-move for summary judgment as to remedy due by 5/4/2012. Environmental Plaintiffs will file a reply in support ofthe preliminary injunction application, and, if necessary, their oppositions in the eventDefendants file a cross-motion for summary judgment as to remedy due by 5/11/2012. Plaintiffs State of New York, et al. (StatePlaintiffs) will submit a response in support of the pending motion for preliminary injunction orcross-move for summary judgment, and, as necessary, their opposition in the event Defendantsfile a cross-motion for summary judgment as to remedy due by May 11, 2012. Defendants will file their reply toany oppositions to Defendants cross-motion for summary judgment as to remedy, and their opposition to any cross-motion for summary judgment filed by State Plaintiffs due by 5/16/2012. Signed by Judge Robert L. Wilkins on 4/18/2012. (tcb) (Entered: 04/18/2012)
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Legal Document (Payment Possibly Required) 17 Filed: 4/17/2012, Entered: None
NOTICE of Appearance by Susan L. Durbin on behalf of STATE OF CALIFORNIA (Durbin, Susan) (Entered: 04/17/2012)
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Legal Document (Payment Possibly Required) 16 Filed: 4/17/2012, Entered: None
Joint MOTION for Scheduling Order by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Lynk, Brian) (Entered: 04/17/2012)
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Legal Document (Payment Possibly Required) 15 Filed: 4/13/2012, Entered: None
STATUS REPORT (Joint) by AMERICAN LUNG ASSOCIATION, NATIONAL PARKS CONSERVATION ASSOCIATION. (Cort, Paul) (Entered: 04/13/2012)
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Legal Document (Payment Possibly Required) 14 Filed: 4/13/2012, Entered: None Court Filing
ORDER granting 13 Consent MOTION to Consolidate Cases; Accordingly,IT IS HEREBY ORDERED that Civil Action Number 1:12-cv-00531-RC be consolidated withCivil Action Number 1:12-cv-00243-RLW for all purposes.. Signed by Judge Robert L. Wilkins on 4/13/2012. (tcb) (Entered: 04/13/2012)
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Legal Document (Payment Possibly Required) 13 Filed: 4/10/2012, Entered: None
Consent MOTION to Consolidate Cases by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order, # 2 Joint Stipulation and Order Transferring New York Complaint)(Lynk, Brian) (Entered: 04/10/2012)
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Legal Document (Payment Possibly Required) 12 Filed: 4/2/2012, Entered: None
STATUS REPORT by AMERICAN LUNG ASSOCIATION, NATIONAL PARKS CONSERVATION ASSOCIATION. (Cort, Paul) (Entered: 04/02/2012)
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Legal Document (Payment Possibly Required) 11 Filed: 3/22/2012, Entered: None
STATUS REPORT by AMERICAN LUNG ASSOCIATION, LISA P. JACKSON, NATIONAL PARKS CONSERVATION ASSOCIATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Cort, Paul) (Entered: 03/22/2012)
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Legal Document (Payment Possibly Required) 10 Filed: 3/15/2012, Entered: None
NOTICE of Appearance by Brian Hamilton Lynk on behalf of All Defendants (Lynk, Brian) (Entered: 03/15/2012)
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Legal Document (Payment Possibly Required) 9 Filed: 3/14/2012, Entered: None
STATUS REPORT (Joint) by AMERICAN LUNG ASSOCIATION, NATIONAL PARKS CONSERVATION ASSOCIATION. (Attachments: # 1 Certificate of Service)(Cort, Paul) (Entered: 03/14/2012)
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Legal Document (Payment Possibly Required) 8 Filed: 3/13/2012, Entered: None
CERTIFICATE OF SERVICE by AMERICAN LUNG ASSOCIATION, NATIONAL PARKS CONSERVATION ASSOCIATION re 4 MOTION for Preliminary Injunction and for Permanent Injunction MOTION for Permanent Injunction. (Cort, Paul) (Entered: 03/13/2012)
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Legal Document (Payment Possibly Required) 7 Filed: 3/12/2012, Entered: None
CERTIFICATE OF SERVICE by AMERICAN LUNG ASSOCIATION, NATIONAL PARKS CONSERVATION ASSOCIATION re Summons Issued as to AUSA, 1 Complaint, 2 LCvR 7.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests,. (Cort, Paul) (Entered: 03/12/2012)
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Legal Document (Payment Possibly Required) 6 Filed: 3/12/2012, Entered: None
CERTIFICATE OF SERVICE by AMERICAN LUNG ASSOCIATION, NATIONAL PARKS CONSERVATION ASSOCIATION re 4 MOTION for Preliminary Injunction and for Permanent Injunction MOTION for Permanent Injunction. (Cort, Paul) (Entered: 03/12/2012)
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Legal Document (Payment Possibly Required) 5 Filed: 3/12/2012, Entered: None Court Filing
ORDER: It is hereby ORDERED that, by no later than 5:00 P.M. EST on Wednesday, March 14, 2012, counsel for Plaintiffs shall advise the Court whether they have served their Complaint (Docket No. 1) and Motion for Preliminary Injunction and for Permanent Injunction (Docket No. 4) on Defendants and, if service has not yet been effectuated, advise the Court of the current status of service.It is FURTHER ORDERED that, by no later than 5:00 P.M. EST on Wednesday, March 14, 2012, the parties shall meet and confer and Plaintiffs shall cause to be filed a Joint Status Report. It is FURTHER ORDERED that a telephonic Status Conference has been set for Thursday, March 15, 2012 at 2:00 P.M. The parties are directed to jointly contact chambers at (202) 354-3480. (SEE ORDER FOR FULL DETAILS). Signed by Judge Robert L. Wilkins on 3/12/2012. (tcb) (Entered: 03/12/2012)
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Legal Document (Payment Possibly Required) 4 Filed: 3/8/2012, Entered: None
MOTION for Preliminary Injunction and for Permanent Injunction by AMERICAN LUNG ASSOCIATION, NATIONAL PARKS CONSERVATION ASSOCIATION (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Declaration Declarations, # 4 Request for Judicial Notice, # 5 Declaration Hudak Declaration in Support of Request for Judicial Notice, # 6 Attachment 1 to Hudak Declaration in Support of RJN, # 7 Attachment 2 to Hudak Declaration in Support of RJN, # 8 Attachment 3 to Hudak Declaration in Support of RJN, # 9 Attachment 4 to Hudak Declaration in Support of RJN, # 10 Attachment 5 to Hudak Declaration in Support of RJN, # 11 Attachment 6 to Hudak Declaration in Support of RJN, # 12 Attachment 7 to Hudak Declaration in Support of RJN, # 13 Text of Proposed Order)(Cort, Paul). Added MOTION for Permanent Injunction on 3/9/2012 (rdj). (Counsel is instructed to docket all parts of the motion in the future). (Entered: 03/08/2012)
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Legal Document (Payment Possibly Required) 3 Filed: 2/17/2012, Entered: None
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Paul Robert Cort, :Firm- Earthjustice, :Address- 426 17th Street, Fifth Floor Oakland, CA 94612. Phone No. - (415) 217-2077. Fax No. - (510) 550-6740 by AMERICAN LUNG ASSOCIATION, NATIONAL PARKS CONSERVATION ASSOCIATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Baron, David) (Entered: 02/17/2012)
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Legal Document (Payment Possibly Required) 2 Filed: 2/14/2012, Entered: None
LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN LUNG ASSOCIATION, NATIONAL PARKS CONSERVATION ASSOCIATION identifying Corporate Parent NONE for AMERICAN LUNG ASSOCIATION, NATIONAL PARKS CONSERVATION ASSOCIATION. (rdj) (Entered: 02/14/2012)
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Legal Document (Payment Possibly Required) 1 Filed: 2/14/2012, Entered: None
COMPLAINT against LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 350, receipt number 4616046026) filed by AMERICAN LUNG ASSOCIATION, NATIONAL PARKS CONSERVATION ASSOCIATION. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 02/14/2012)
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