UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

Transcription

1 Appellate Case: Document: Date Filed: 03/23/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT STATE OF UTAH, on behalf of the Utah Department of Environmental Quality, Division of Air Quality, Petitioner, CARBON AND EMERY COUNTIES, UTAH, and UTAH MUNICIPAL POWER AGENCY, Case No Intervenors, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents. HEAL UTAH, et al., Intervenors. PACIFICORP, Petitioner, CARBON AND EMERY COUNTIES, UTAH, and UTAH MUNICIPAL POWER AGENCY, Case No Intervenors, 1

2 Appellate Case: Document: Date Filed: 03/23/2017 Page: 2 v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents, HEAL UTAH, et al., Intervenors. UTAH ASSOCIATED MUNICIPAL POWER SYSTEMS, Petitioner, CARBON AND EMERY COUNTIES, UTAH, and UTAH MUNICIPAL POWER AGENCY, Case No Intervenors, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents. HEAL UTAH, et al., Intervenors. 2

3 Appellate Case: Document: Date Filed: 03/23/2017 Page: 3 DESERET GENERATION AND TRANSMISSION COOPERATIVE, Petitioner, CARBON AND EMERY COUNTIES, UTAH, and UTAH MUNICIPAL POWER AGENCY, Case No Intervenors, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents, HEAL UTAH, et al., Intervenors. EPA S SUPPLEMENT TO ITS OPPOSITION TO THE MOTIONS TO STAY THE FINAL RULE On February 13, 2017, this Court ordered the United States Environmental Protection Agency ( EPA ) to file a supplement to its Opposition to the Motions to Stay the Final Rule informing the Court whether it continues to oppose the stay motions filed by Petitioners in the above-referenced cases by February 27, See ECF No The Court granted an extension until March 9, 2017, and a 3

4 Appellate Case: Document: Date Filed: 03/23/2017 Page: 4 second extension until March 23, See ECF Nos ; In response, EPA states the following: 1. As the Court is well-aware, a new Administration took office on January 20, Scott Pruitt was confirmed as EPA s Administrator on February 17, 2017, and arrived at EPA Headquarters on February 21, At this time, the Administrator is the only Senate-confirmed official at EPA. 2. EPA staff have engaged and will continue to engage with the Administrator and other incoming administration officials to familiarize the relevant decision-makers with the issues raised in the Final Rule and the petitions for review. 3. In addition to their petitions for review filed in this Court, Petitioners have also filed administrative petitions for reconsideration of the Final Rule with EPA. Those petitions remain pending. As with the Final Rule and the petitions for review, EPA staff have engaged and will continue to engage with the Administrator and other incoming administration officials to familiarize the relevant decision-makers with the issues raised in the administrative petitions for reconsideration. 4. If, as the new administration continues to assess the Final Rule, the Agency decides to grant the administrative petitions or otherwise proposes to revise or reconsider the Final Rule, EPA will notify the Court immediately. Additionally, EPA intends to pursue alternatives to litigation with the parties. However, at this time, EPA has not changed its position with respect to the motions to stay. 4

5 Appellate Case: Document: Date Filed: 03/23/2017 Page: 5 Dated: March 23, 2017 Respectfully submitted, BRUCE S. GELBER Deputy Assistant Attorney General Environment and Natural Resources Division /s/ Stephanie J. Talbert STEPHANIE J. TALBERT United States Department of Justice Environment & Natural Resources Division Environmental Defense Section th Street, South Terrace, Suite 370 Denver, CO (303) Stephanie.Talbert@usdoj.gov /s/ Debra J. Carfora DEBRA J. CARFORA United States Department of Justice Environment & Natural Resources Division Environmental Defense Section 601 D Street, NW, Suite 8000 Washington, DC Tel: (202) debra.carfora@usdoj.gov Counsel for Respondents 5

6 Appellate Case: Document: Date Filed: 03/23/2017 Page: 6 Certification for ECF Pleading Pursuant to CM/ECF User Manual Section II(I), I hereby certify that all required privacy redactions have been made; that, if required to file additional hard copies, the ECF submission is an exact copy of those hard copy documents; and that the ECF submission was scanned for viruses with Microsoft s Forefront Client Security, Version , which is updated daily, and, according to the program, is free of viruses. Dated: March 23, 2017 /s/ Stephanie J. Talbert STEPHANIE J. TALBERT United States Department of Justice Environment & Natural Resources Division Environmental Defense Section th Street, South Terrace, Suite 370 Denver, CO (303) Stephanie.Talbert@usdoj.gov Counsel for Respondents 6

7 Appellate Case: Document: Date Filed: 03/23/2017 Page: 7 Certificate of Service I hereby certify that I electronically filed the foregoing EPA S SUPPLEMENT TO ITS OPPOSITION TO THE MOTIONS TO STAY THE FINAL RULE with the clerk of the court for the United States Court of Appeals for the Tenth Circuit using the electronic case filing system of the court. Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. The following will be served by mail: Bryce Bird Utah Department of Air Quality P.O. Box Salt Lake City, UT Mason Baker General Counsel Utah Associated Municipal Power Systems 155 North 400 West, Suite 480 Salt Lake City, UT Kate Comerford Todd Sheldon B. Gilbert Steven P. Lehotsky U.S. Chamber Litigation Center 1615 H Street, NW Washington, DC Julia B. Barber Balch & Bingham th Avenue, North, Suite 1500 Birmingham, AL Alex Bond Emily Fisher Edison Electric Institute 701 Pennsylvania Ave. NW Washington, DC

8 Appellate Case: Document: Date Filed: 03/23/2017 Page: 8 Robert Meyers Mark Thomson Crowell & Moring 1001 Pennsylvania Avenue, NW Suite 1100 Washington, DC RMeyers@crowell.com Dated: March 23, 2017 /s/ Stephanie J. Talbert STEPHANIE J. TALBERT United States Department of Justice Environment & Natural Resources Division Environmental Defense Section th Street, South Terrace, Suite 370 Denver, CO (303) Stephanie.Talbert@usdoj.gov Counsel for Respondents 8