UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION. CASE NO. 4:08-cv RH-WCS

Similar documents
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION No GOLD (and consolidated cases)

Case 4:08-cv RH-WCS Document 90 Filed 08/25/09 Page 1 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Case 4:08-cv RH-WCS Document 416 Filed 01/14/13 Page 1 of 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Case 1:10-cv JEB Document 13 Filed 08/03/11 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:10-cv PLF Document 17 Filed 08/04/11 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION No GOLD/MCALILEY (and consolidated cases)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

ORAL ARGUMENT NOT YET SCHEDULED UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Case 1:12-cv RPM Document 8 Filed 07/11/12 USDC Colorado Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Case 2:16-cv NDF Document 29 Filed 03/23/17 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA, TALLAHASSEE DIVISION

Case 1:04-cv ASG Document 656 Entered on FLSD Docket 07/09/2012 Page 1 of 12

CASE 0:12-cv RHK-JSM Document 9 Filed 02/01/13 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

Case 1:12-cv RLW Document 47-1 Filed 08/31/12 Page 1 of 21 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA

Case 4:14-cv RH-CAS Document 103 Filed 12/29/14 Page 1 of 5

SETTLEMENT AGREEMENT. WHEREAS, on August 10, 2011, Plaintiffs Sierra Club and WildEarth Guardians filed

Case4:13-cv JSW Document112 Filed05/05/14 Page1 of 3

Case 4:17-cv HSG Document 180 Filed 12/26/18 Page 1 of 3

Case 2:16-cv SWS Document 218 Filed 04/06/18 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Case 1:12-cv RLW Document 48 Filed 09/04/12 Page 1 of 21 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petition for Review

Case 3:17-cv TJC-JBT Document 85 Filed 11/11/17 Page 1 of 2 PageID 2256

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION FLORIDA SECRETARY OF STATE S ANSWER AND AFFIRMATIVE DEFENSES

ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Case5:12-cv HRL Document9 Filed08/09/12 Page1 of 5

Case 1:12-cv CKK Document 12 Filed 06/21/12 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case No.:

Case 1:16-cv JDB Document 33 Filed 12/28/16 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case MDL No Document 52 Filed 07/28/15 Page 1 of 3 BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

FILED: NEW YORK COUNTY CLERK 10/03/ :58 PM INDEX NO /2016 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/03/2016

Case 3:14-cv L-NLS Document 60 Filed 11/18/15 Page 1 of 3

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION UNITED STATES OF AMERICA, ) CRIMINAL ACTION NO.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN. Plaintiffs, Civil Action No. 03-C-949. Plaintiffs, Civil Action No.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:13-cv BB Document 42 Entered on FLSD Docket 05/18/2016 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 4:09-cv CW Document 579 Filed 06/01/16 Page 1 of 5

Case 1:10-cv EGS Document 44 Filed 03/15/12 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

Case 0:16-cv WPD Document 29 Entered on FLSD Docket 02/07/2017 Page 1 of 4

Case 1:12-cv JDB Document 25-2 Filed 08/20/12 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION

AS MODIFIED. Attorneys for Plaintiff, STERLING SAVINGS BANK UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case 2:13-cv Document 995 Filed in TXSD on 02/22/17 Page 1 of 6

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Prescott Division

Pro se Motion to Modify or Terminate Probation or Community Control

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PLAINTIFFS MOTION FOR CLARIFICATION OF SCHEDULING ORDER AND INCORPORATED MEMORANDUM OF LAW

AGREED MOTION FOR ENTRY OF CONSENT JUDGMENT AND PERMANENT INJUNCTION

Case 3:13-cv EMC Document 276 Filed 09/16/16 Page 1 of 6

Case 4:16-cv ALM Document 10 Filed 10/18/16 Page 1 of 6 PageID #: 779

Case 3:16-cv CWR-FKB Document 79 Filed 01/06/17 Page 1 of 4

Attached are forms for filing Articles of Dissolution to dissolve a Florida not for profit corporation.

Case 1:10-cv JDB Document 8-1 Filed 06/28/10 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:16-CV-1164-WO-JEP

Attached are forms for filing Articles of Dissolution to dissolve a Florida profit corporation.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231

Case 2:16-cv SWS Document 129 Filed 06/20/17 Page 1 of 8

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Washington County Clerk of Court Post Office Box 647 Chipley, Florida 32428

Case 3:12-cv UATC-MCR Document 31 Filed 09/13/12 Page 1 of 2 PageID 2192

NOTICE OF ELECTRONIC FILING

LegalFormsForTexas.Com

ORAL ARGUMENT PREVIOUSLY SCHEDULED MARCH 31, No IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Case4:11-cv YGR Document22 Filed02/16/12 Page1 of 5

shl Doc 36 Filed 05/15/12 Entered 05/15/12 17:26:47 Main Document Pg 1 of 5

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:16-cv RNS Document 24 Entered on FLSD Docket 08/16/2016 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION

FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS. A corporation can amend or add as many articles as necessary in one amendment.

Attached is a form to amend the certificate of limited partnership of a Florida limited partnership or limited liability limited partnership.

Case 1:13-cv GK Document 27-1 Filed 04/28/14 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Before the Education Practices Commission of the State of Florida

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN GREEN BAY DIVISION ) ) ) ) ) ) ) ) ) ) )

Case 3:14-cv B Document 8-2 Filed 03/11/14 Page 1 of 24 PageID 68 EXHIBIT B

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA. Plaintiffs, Defendants.

SUPREME COURT OF FLORIDA. CASE NO. SCl3-1934

Case BLS Doc 176 Filed 03/28/18 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Information or instructions: Motion Consent of Client & Order to substitute counsel PREVIEW

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION

Case 2:15-cv DN-BCW Document 111 Filed 11/04/16 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

Case3:09-cv RS Document78 Filed05/03/11 Page1 of 7

ORAL ARGUMENT PREVIOUSLY SCHEDULED MARCH 31, No IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Case 2:08-cv JWL-DJW Document 3 Filed 05/02/2008 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS AT KANSAS CITY

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC CLEO LECROY, Petitioner, vs. STATE OF FLORIDA, Respondent.

Case 4:11-cv RH-CAS Document 80 Filed 08/10/12 Page 1 of 7

Case3:12-cv VC Document70 Filed06/23/15 Page1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION

Notice of Motion and Motion to Consolidate Related Actions Against

UNITED STATES DISTRICT COURT THE SOUTHERN DISTRICT OF FLORIDA CASE NO CIV-KING/O SULLIVAN

Case3:14-cv RS Document66 Filed09/01/15 Page1 of 9

Case 4:12-cv RH-CAS Document 38 Filed 07/03/12 Page 1 of 6

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case: Document: 26-1 Filed: 12/04/2014 Pages: 6 NO IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT ) ) ) )

Case 1:12-cv RBW Document 44-1 Filed 01/29/14 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:11-cv RHS-WDS Document 5 Filed 11/10/11 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Transcription:

Case 4:08-cv-00324-RH-WCS Document 408 Filed 11/21/12 Page 1 of 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION FLORIDA WILDLIFE FEDERATION, INC.; et al., Plaintiffs, vs. CASE NO. 4:08-cv-00324-RH-WCS LISA P. JACKSON, Administrator of the United States Environmental Protection Agency; and the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendants. / EPA=S MOTION FOR EXTENSION OF CONSENT DECREE DEADLINES Defendants Lisa P. Jackson, in her official capacity as Administrator of the United States Environmental Protection Agency, and the United States Environmental Protection Agency (collectively AEPA@ or Athe Agency@) hereby move for a 120-day extension of the current deadlines for: (1) the proposed and final rulemaking with respect to numeric nutrient criteria for flowing waters outside of the South Florida region and downstream protection values for unimpaired lakes (Athe Phase I Remand rulemaking@), which was remanded to the Agency by the Court in its Order of February 18, 2012 (ECF No. 351); and (2) the

Case 4:08-cv-00324-RH-WCS Document 408 Filed 11/21/12 Page 2 of 8 proposed and final rulemaking with respect to numeric nutrient criteria for coastal and estuarine waters and flowing waters in the South Florida region (Athe Phase II rulemaking@). The purpose of the requested extension is to allow EPA to continue discussions with the State of Florida s Department of Environmental Protection (AFDEP@) concerning FDEP=s tentative plans to adopt new or revised water quality standards relevant to the control of nutrients for additional waters not included within FDEP=s recently promulgated regulations and to reflect those discussions in EPA s proposals. EPA will provide status reports to the Court every 30 days if this motion is granted. Counsel for EPA have consulted with counsel for Plaintiffs to the Consent Decree, who have represented that they oppose this motion. EPA states the following in support of this motion: 1. The Consent Decree entered in this matter set a schedule for EPA to take certain actions regarding the development of numeric nutrient criteria for Florida waters unless the State of Florida adopts such criteria and EPA approves the State-adopted criteria before the applicable deadline. ECF No. 153 at && 4-11. 2. Consistent with the Consent Decree, on November 14, 2010, the Administrator signed for publication a final rule setting numeric nutrient criteria for streams (other than in the South Florida region), lakes, and springs in Florida 3

Case 4:08-cv-00324-RH-WCS Document 408 Filed 11/21/12 Page 3 of 8 (Athe Phase I rule@). 3. The Phase I rule was the subject of a number of complaints filed under the Administrative Procedure Act and subsequently consolidated by this Court for case management purposes. ECF No. 216 at 3. 4. On February 18, 2012, this Court issued an Order on the merits of motions for summary judgment in the consolidated challenges to the Phase I rule. ECF No. 351. While upholding most of the Phase I rule, the Court concluded that the stream criteria and default downstream protection values (ADPVs@) for unimpaired lakes promulgated by EPA were invalid. The Court directed the Administrator, by May 21, 2012, to (1) sign for publication proposed criteria or final criteria for Florida streams outside the South Florida region, and (2) sign for publication proposed or final DPVs for unimpaired lakes (unless by that date the Administrator has filed a notice that she has decided not to propose or adopt such criteria). 5. The Court has since extended the deadlines for further EPA action under the Consent Decree. Pursuant to the Court=s Order of July 13, 2012, the Administrator is to sign for publication the proposed Phase I Remand and Phase II rulemakings by November 30, 2012, and sign for publication the final Phase I Remand rulemaking by August 31, 2013 and the final Phase II rulemaking by 4

Case 4:08-cv-00324-RH-WCS Document 408 Filed 11/21/12 Page 4 of 8 September 30, 2013. ECF No. 404. 6. On June 13, 2012, FDEP submitted to EPA for review and approval under 33 U.S.C. ' 1313(c) new or revised state water quality standards for nutrients that cover certain Florida waters. EPA is nearing completion of its review of the submitted standards and expects to approve the standards in the near future. Declaration of James D. Giattina at & 7-9 (Attachment 1). 7. The State rules submitted by FDEP adopt nutrient standards for lakes, some flowing waters, some estuaries, and some coastal waters. They do not, however, apply to all of the waters that EPA determined require numeric nutrient criteria in its January 16, 2009 Determination and which are covered by the Consent Decree. 8. In light of EPA=s expectation to approve the State s standards in the near future, EPA has commenced discussions with FDEP and has learned of FDEP=s tentative plan to adopt new or revised water quality standards relevant to the control of nutrients for Florida waters not covered by the submitted standards other than the remaining estuaries and some South Florida flowing waters. Giattina Decl. at 10. 9. EPA requests a 120-day extension, until March 29, 2013, of the current deadlines for the Phase I Remand and Phase II rulemaking proposals, and a 5

Case 4:08-cv-00324-RH-WCS Document 408 Filed 11/21/12 Page 5 of 8 corresponding extension until December 28, 2013 and January 28, 2014 for signature of the final Phase I Remand and Phase II rules. The purpose of this extension is to allow EPA to continue its discussions with FDEP concerning FDEP s tentative plan to adopt new or revised water quality standards relevant to the control of nutrients for waters not covered by FDEP s rule other than the remaining estuaries and some South Florida flowing waters. EPA could then reflect this new information in its proposed rulemakings for Phase I Remand and Phase II, and take comment on if and how FDEP s plans would factor into EPA s final action on those rules. Giattina Decl. at 12, 13. 10. EPA recognizes that the Court has previously stated that the Agency should expect no further extensions of the Consent Decree deadlines. ECF No. 395 at 2. However, EPA believes that there would be significant benefit in allowing EPA and FDEP additional time to discuss FDEP=s tentative plans before signing the rulemaking proposals. EPA believes that the proposed extension would be in the public interest by facilitating coordination between EPA and FDEP s efforts to address these waters. 11. If the extension is granted, EPA will provide status reports to the Court every 30 days. 12. Although EPA believes that good cause exists to grant the requested 6

Case 4:08-cv-00324-RH-WCS Document 408 Filed 11/21/12 Page 6 of 8 extension, EPA is prepared to sign the proposed Phase I Remand and Phase II rules by November 30 if the extension is not granted by that date. Giattina Decl. 15. Respectfully submitted, PAMELA C. MARSH United States Attorney ROBERT D. STINSON Florida Bar No. 319406 Assistant United States Attorney 111 North Adams Street, 4th Floor Tallahassee, FL 32301 Tel: (850) 942-8430 IGNACIA S. MORENO Assistant Attorney General Dated: November 21, 2012 /s/ Martha C. Mann MARTHA C. MANN Florida Bar No 155950 NORMAN L. RAVE, JR. U.S. Department of Justice Environment and Natural Resources Division Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-2986 martha.mann@usdoj.gov norman.rave@usdoj.gov Telephone: (202) 514-2664 (Mann) (202) 616-7568 (Rave) Facsimile: (202) 514-8865 7

Case 4:08-cv-00324-RH-WCS Document 408 Filed 11/21/12 Page 7 of 8 Of Counsel for Defendants: Peter Z. Ford Office of General Counsel United States Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Avenue, N. W. Mail Code: 2355A Washington, DC 20460

Case 4:08-cv-00324-RH-WCS Document 408 Filed 11/21/12 Page 8 of 8 CERTIFICATE OF SERVICE I hereby certify that on November 21, 2012, the foregoing was filed with the United States District Court for the Northern District of Florida=s electronic filing system, to which all registered attorneys of record are to be provided notice of this filing. /s/ Martha C. Mann MARTHA C. MANN United States Department of Justice Environment and Natural Resources Division