CALIFORNIANS FOR RENEWABLE ENERGY V. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

Case: Californians for Renewable Energy v. United States Environmental Protection Agency

4:15-cv-03292 | U.S. District Court for the Northern District of California

Filed Date: July 15, 2015

Case Ongoing

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Case Summary

On July 15, 2015, five non-profit organizations concerned with environmental justice filed this lawsuit against the Environmental Protection Agency ("EPA") in the United States District Court for the Northern District of California. Represented by Earthjustice, the plaintiffs sued under the Administrative Procedure Act (APA). The plaintiffs claimed that the EPA violated the APA by failing to enforce Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq. (“Title VI”). (The plaintiff…

Specifically, the plaintiffs singled out five specific cases in which they said the EPA violated the APA by failing to issue preliminary findings in response to Title VI complaints they had filed between 1994 and 2003, alleging that environmental harm disproportionately affected people of color. The plaintiffs also claimed that the EPA's pattern and practice of failing to issue preliminary findings violated the APA. The plaintiffs sought a declaration that the EPA’s failure to meet its mandatory duty and comply with the deadline set forth in 40 C.F.R. § 7.115, which requires the EPA to issue preliminary findings and recommendations for voluntary compliance within 180 days of initiating its investigation into a Title VI complaint, constituted agency action “unlawfully withheld or unreasonably delayed” under the APA. The plaintiffs also sought an injunction compelling the EPA to issue preliminary findings and recommendations for voluntary compliance for the investigations into each of plaintiffs’ Title VI complaints within ninety days of this Court’s order and complete the complaint investigation procedures in response to each of plaintiffs’ Title VI complaints in compliance with the timelines set forth in the federal regulations.

The case was initially assigned to Magistrate Judge Kandis A. Westmore. On September 3, 2015, the case was reassigned to Judge Saundra Brown Armstrong.

On January 19, 2017, the plaintiffs filed an amended complaint but did not alter any of their claims or prayer for relief. The EPA filed a motion to dismiss and, in the alternative, a motion for summary judgment on January 26, 2017; the plaintiffs also filed a motion for summary judgment.

On March 30, 2018, Judge Armstrong ruled on the plaintiffs’ motion for summary judgment and the defendants’ motion to dismiss. The court found that the defendant had a mandatory duty to issue preliminary findings within 180 days after accepting a complaint for investigation, and that the defendant failed to comply with that duty. While declaratory relief was available to the plaintiffs, the court found that there could be no injunctive relief awarded with respect to the underlying Title VI complaints because the EPA's resolution of the claims mooted them. However, the court stated that it could issue a prospective injunction requiring the EPA to timely process the plaintiffs’ future Title VI complaints that it accepts for investigation. The court instructed the parties to meet and confer regarding the form of the proposed prospective relief and to submit a joint motion and proposed judgment. The joint motion was to note any disagreements between the parties for the court's consideration.

Finally, as to the pattern or practice claim, the court found it not to be legally cognizable under the APA, and granted summary judgment on it in favor of the EPA. 2018 WL 1586211.

The plaintiffs filed a proposed judgment on April 13, 2018. The proposed judgment, among other things, directed the EPA to "timely process any pending and future Title VI complaints submitted by Plaintiffs and accepted for investigation by the EPA." The EPA lodged two objections: that it should only be required to timely process future complaints, and that the judgment should be in effect for only five years. On June 13, 2018, the court issued its judgment –– it kept the "pending and future" language, but appended a five-year limitation on the effect of the judgment.

On July 11, 2018, the EPA filed a motion under FRCP 59(e) to amend the judgment in two ways. First, it requested the court delete the reference to timely process "future" complaints. As the court later noted, the EPA's motion took "the complete opposite position that it took in its letter brief" with respect to the present and future language. Second, the EPA moved to insert a provision to account for the fact that the EPA regulations allow the complaining and opposing party to extend the 180-day deadline for resolution if they agree to do so pending settlement negotiations. On the same day, Judge Armstrong referred the case to Magistrate Judge Laurel Beeler for settlement conferences.

Due to budget constraints and appropriations withholdings by the federal government, the EPA filed a motion to stay proceedings on December 26, 2018, which Judge Beeler granted. Appropriations were restored on January 29, 2019, and the settlement conference, which had originally been scheduled for January 10, was rescheduled to April 9, 2019. While the parties had originally agreed to update the court by April 30 with the results of their settlement efforts, they were still unable to reach a consensus by May 17. In light of the parties’ continued inability to come to a settlement, the court invited both parties to respond to the defendants’ July 11 motion to alter judgment. After another extension of time, the parties completed briefing on August 14, 2019.

On September 30, 2020, the court issued its order granting in part and denying in part the EPA's motion to amend the June 13, 2018 judgment. The question was whether the EPA's motion to amend the judgment complied with FRCP 59(e), which has been interpreted to give courts discretion to "deny a motion for reconsideration where the moving party had the opportunity but failed to raise [its] argument earlier." The court denied the EPA's request to delete the "future" language because it could have raised the issue in its letter motion accompanying the original proposed judgment. The court granted the EPA's motion with respect to the mutually-agreed extension provision because the plaintiffs did not oppose it. The court then issued an amended judgment on October 2, 2020.

The parties appear to have privately settled the issue of attorney's fees; the parties stipulated they would negotiate fees on December 23, 2020, and the plaintiffs withdrew a motion for fees on August 13, 2021.

Judgment is rendered in the case, and it will remain open until October 2, 2025 only to the extent that the court retains jurisdiction over the prospective injunction. For all other purposes, the case is closed.

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Summary Authors

Anna Belkin (12/3/2018)

Elizabeth Helpling (11/13/2019)

John Juenemann (3/13/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5977578/parties/californians-for-renewable-energy-v-united-states-environmental-protection/

Judge(s)

Armstrong, Saundra Brown (California)

Beeler, Laurel (California)

Laporte, Elizabeth D. (California)

Attorneys(s) for Plaintiff

Gutierrez, Irene V. (California)

Lado, Marianne Leslie Engelman (Connecticut)

Lewis, Heather Mudford (California)

Novak, Suzanne (New York)

Smith, Johnathan James (New York)

Attorneys(s) for Defendant

Lawrence, Matthew A. (Maryland)

Robinson, Stuart Justin (California)

Judge(s)

Armstrong, Saundra Brown (California)

Beeler, Laurel (California)

Laporte, Elizabeth D. (California)

Attorneys(s) for Plaintiff

Gutierrez, Irene V. (California)

Lado, Marianne Leslie Engelman (Connecticut)

Lewis, Heather Mudford (California)

Novak, Suzanne (New York)

Smith, Johnathan James (New York)

Attorneys(s) for Defendant

Lawrence, Matthew A. (Maryland)

Robinson, Stuart Justin (California)

Zee, Michael Andrew (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
4:15-cv-03292	Docket [PACER]	Aug. 14, 2019	Aug. 14, 2019 Docket
1 4:15-cv-03292	Complaint	July 15, 2015	July 15, 2015 Complaint
90 4:15-cv-03292	Seconded Amended Complaint	Jan. 19, 2017	Jan. 19, 2017 Complaint
114 4:15-cv-03292	Order Granting in Part and Denying in Part Plaintiffs' Motion for Summary Judgment; and Denying Defendants' Rule 12 Motion to Dismiss and Granting Alternative Motion for Summary Judgment as to the Sixth Claim for Relief	March 30, 2018	March 30, 2018 Order/Opinion
144 4:15-cv-03292	Order Granting in PArt and Denying in Part Defendants' Motion to Alter Judgement	Sept. 30, 2020	Sept. 30, 2020 Order/Opinion
145 4:15-cv-03292	Amended Judgment	Oct. 2, 2020	Oct. 2, 2020 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5977578/californians-for-renewable-energy-v-united-states-environmental-protection/

Last updated Jan. 19, 2023, 3:19 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-9679469.). Filed byMichael E Boyd, Maurice and Jane Sugar Law Center for Economic and Social Justice, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Ashurst Bar/Smith Community Organization, Sierra Club. (Attachments: # 1 Exhibit Ex. 1 - Sugar Law Center Complaint, # 2 Exhibit Ex. 2 - 2013-05 EPA Title VI Complaint Listing, # 3 Exhibit Ex. 3 - 1999 Sugar Law Center Letter to EPA, # 4 Exhibit Ex. 4 - 2000 Sugar Law Center Letter to EPA, # 5 Exhibit Ex. 5 - CARE Complaint, # 6 Exhibit Ex. 6 - CARE Amended Complaint, # 7 Exhibit Ex. 7 - CARE DOJ Complaint, # 8 Exhibit Ex. 8 - Los Medanos ECHO Facility Report, # 9 Exhibit Ex. 9 - Sierra Club Complaint, # 10 Exhibit Ex. 10 - EPA Acceptance of Sierra Club Complaint, # 11 Exhibit Ex. 11 - EPA ExxonMobil Refinery Settlement, # 12 Exhibit Ex. 12 - Beaumont Refinery ECHO Facility Report, # 13 Exhibit Ex. 13 - CARD Complaint, # 14 Exhibit Ex. 14 - EPA Acceptance of CARD Complaint, # 15 Exhibit Ex. 15 - CARD Amended Complaint, # 16 Exhibit Ex. 16 - EPA Letter to CARD, # 17 Exhibit Ex. 17 - Letter from Unnamed Individual, # 18 Exhibit Ex. 18 - Ashurst/Bar Smith Complaint, # 19 Exhibit Ex. 19 - ADEM Letter to EPA, # 20 Exhibit Ex. 20 - EPA Acceptance of Ashurst/Bar Smith Complaint, # 21 Exhibit Ex. 21 - ADEM Response to EPA Acceptance, # 22 Exhibit Ex. 22 - ADEM Response to EPA Request for Information, # 23 Exhibit Ex. 23 - EPA Partial Dismissal, # 24 Civil Cover Sheet)(Gutierrez, Irene) (Filed on 7/15/2015) (Entered: 07/15/2015) 1 Exhibit Ex. 1 - Sugar Law Center Complaint View on PACER 2 Exhibit Ex. 2 - 2013-05 EPA Title VI Complaint Listing View on PACER 3 Exhibit Ex. 3 - 1999 Sugar Law Center Letter to EPA View on PACER 4 Exhibit Ex. 4 - 2000 Sugar Law Center Letter to EPA View on PACER 5 Exhibit Ex. 5 - CARE Complaint View on PACER 6 Exhibit Ex. 6 - CARE Amended Complaint View on PACER 7 Exhibit Ex. 7 - CARE DOJ Complaint View on PACER 8 Exhibit Ex. 8 - Los Medanos ECHO Facility Report View on PACER 9 Exhibit Ex. 9 - Sierra Club Complaint View on PACER 10 Exhibit Ex. 10 - EPA Acceptance of Sierra Club Complaint View on PACER 11 Exhibit Ex. 11 - EPA ExxonMobil Refinery Settlement View on PACER 12 Exhibit Ex. 12 - Beaumont Refinery ECHO Facility Report View on PACER 13 Exhibit Ex. 13 - CARD Complaint View on PACER 14 Exhibit Ex. 14 - EPA Acceptance of CARD Complaint View on PACER 15 Exhibit Ex. 15 - CARD Amended Complaint View on PACER 16 Exhibit Ex. 16 - EPA Letter to CARD View on PACER 17 Exhibit Ex. 17 - Letter from Unnamed Individual View on PACER 18 Exhibit Ex. 18 - Ashurst/Bar Smith Complaint View on PACER 19 Exhibit Ex. 19 - ADEM Letter to EPA View on PACER 20 Exhibit Ex. 20 - EPA Acceptance of Ashurst/Bar Smith Complaint View on PACER 21 Exhibit Ex. 21 - ADEM Response to EPA Acceptance View on PACER 22 Exhibit Ex. 22 - ADEM Response to EPA Request for Information View on PACER 23 Exhibit Ex. 23 - EPA Partial Dismissal View on PACER 24 Civil Cover Sheet View on PACER	July 15, 2015	July 15, 2015 PACER
2	Certificate of Interested Entities by Ashurst Bar/Smith Community Organization, Michael E Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Maurice and Jane Sugar Law Center for Economic and Social Justice, Sierra Club. (Gutierrez, Irene) (Filed on 7/15/2015) Modified on 7/16/2015 (cjlS, COURT STAFF). (Entered: 07/15/2015)	July 15, 2015	July 15, 2015 PACER
3	MOTION for leave to appear in Pro Hac Vice Re: Jonathan J. Smith (Filing fee $305, receipt number 0971-9679663) filed by Ashurst Bar/Smith Community Organization, Michael E Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Maurice and Jane Sugar Law Center for Economic and Social Justice, Sierra Club. (Attachments: # 1 Exhibit Pro Hac Vice Oath - Jonathan J. Smith, # 2 Exhibit Certificate of Good Standing - Jonathan J. Smith)(Smith, Jonathan) (Filed on 7/15/2015) Modified on 7/15/2015 (cjlS, COURT STAFF). (Entered: 07/15/2015) 1 Exhibit Pro Hac Vice Oath - Jonathan J. Smith View on PACER 2 Exhibit Certificate of Good Standing - Jonathan J. Smith View on PACER	July 15, 2015	July 15, 2015 PACER
4	Proposed Summons. (Gutierrez, Irene) (Filed on 7/15/2015) (Entered: 07/15/2015)	July 15, 2015	July 15, 2015 PACER
5	Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (cjlS, COURT STAFF) (Filed on 7/15/2015) (Entered: 07/15/2015)	July 15, 2015	July 15, 2015 PACER
6	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/6/2015. Case Management Conference set for 10/13/2015 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (cjlS, COURT STAFF) (Filed on 7/15/2015) (Entered: 07/15/2015)	July 15, 2015	July 15, 2015 PACER
7	Summons Issued as to Gina McCarthy, United States Environmental Protection Agency. (cjlS, COURT STAFF) (Filed on 7/15/2015) (Entered: 07/15/2015)	July 15, 2015	July 15, 2015 PACER
8	Certificate of Interested Entities by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Maurice and Jane Sugar Law Center for Economic and Social Justice, Sierra Club identifying Other Affiliate Center on Race, Poverty & the Environment, Other Affiliate American Lung Association of Michigan, Other Affiliate Conservative Use of Resources and the Environment, Other Affiliate Joe Hawkins, Other Affiliate Magil Duran, Other Affiliate Michigan Environmental Council, Other Affiliate National Association for the Advancement of Colored People Flint Branch, Other Affiliate National Lawyers Guild Toxics Committee, Other Affiliate Noel Marquez, Other Affiliate United for Action, Other Affiliate Water Information Network for Maurice and Jane Sugar Law Center for Economic and Social Justice; Other Affiliate Center on Race, Poverty & the Environment, Other Affiliate American Lung Association of Michigan, Other Affiliate Conservative Use of Resources and the Environment, Other Affiliate Joe Hawkins, Other Affiliate Magil Duran, Other Affiliate Noel Marquez, Other Affiliate Water Information Network, Other Affiliate Alabama Department of Environmental Management for Ashurst Bar/Smith Community Organization; Other Affiliate Bay Area Air Quality Management District, Other Affiliate Center on Race, Poverty & the Environment, Other Affiliate American Lung Association of Michigan, Other Affiliate Conservative Use of Resources and the Environment, Other Affiliate Joe Hawkins, Other Affiliate Magil Duran, Other Affiliate Noel Marquez, Other Affiliate Water Information Network, Other Affiliate California Air Resources Board, Other Affiliate Pittsburg Unified School District for Californians For Renewable Energy; Other Affiliate Center on Race, Poverty & the Environment, Other Affiliate American Lung Association of Michigan, Other Affiliate Conservative Use of Resources and the Environment, Other Affiliate Joe Hawkins, Other Affiliate Magil Duran, Other Affiliate Noel Marquez, Other Affiliate Water Information Network, Other Affiliate New Mexico Environment Department for Citizens for Alternatives to Radioactive Dumping; Other Affiliate Center on Race, Poverty & the Environment, Other Affiliate American Lung Association of Michigan, Other Affiliate Conservative Use of Resources and the Environment, Other Affiliate Joe Hawkins, Other Affiliate Magil Duran, Other Affiliate Noel Marquez, Other Affiliate People Against Contaminated Environments, Other Affiliate Water Information Network, Other Affiliate Texas Commission on Environmental Quality for Sierra Club; Other Affiliate Bay Area Air Quality Management District, Other Affiliate Center on Race, Poverty & the Environment, Other Affiliate American Lung Association of Michigan, Other Affiliate Conservative Use of Resources and the Environment, Other Affiliate Joe Hawkins, Other Affiliate Magil Duran, Other Affiliate Noel Marquez, Other Affiliate Water Information Network, Other Affiliate California Air Resources Board for Michael Boyd. re 1 Complaint,,,,,, Certificate of Interested Parties (Gutierrez, Irene) (Filed on 7/15/2015) (Entered: 07/15/2015)	July 15, 2015	July 15, 2015 PACER
	Electronic filing error. Names of Interested Parties were not entered. Please re-file in its entirety Re: 2 Certificate of Interested Entities filed by Ashurst Bar/Smith Community Organization, Citizens for Alternatives to Radioactive Dumping, Sierra Club, Michael E Boyd, Maurice and Jane Sugar Law Center for Economic and Social Justice, Californians For Renewable Energy. (cjlS, COURT STAFF) (Filed on 7/15/2015)	July 15, 2015	July 15, 2015 PACER
9	NOTICE of Appearance by Irene V. Gutierrez (Gutierrez, Irene) (Filed on 7/16/2015) (Entered: 07/16/2015)	July 16, 2015	July 16, 2015 PACER
10	NOTICE of Appearance by Jonathan James Smith (Smith, Jonathan) (Filed on 7/16/2015) (Entered: 07/16/2015)	July 16, 2015	July 16, 2015 PACER
11	Order by Magistrate Judge Kandis A. Westmore denying 3 Motion for Pro Hac Vice.(kawlc2S, COURT STAFF) (Filed on 7/20/2015) (Entered: 07/20/2015)	July 20, 2015	July 20, 2015 PACER
12	MOTION for leave to appear in Pro Hac Vice Re: Marianne L. Engelman Lado (Filing fee $305, receipt number 0971-9700893) filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Maurice and Jane Sugar Law Center for Economic and Social Justice, Sierra Club. (Attachments: # 1 Exhibit Oath, # 2 Exhibit Certificate of Good Standing)(Engelman Lado, Marianne) (Filed on 7/23/2015) Modified on 7/24/2015 (cjlS, COURT STAFF). (Entered: 07/23/2015) 1 Exhibit Oath View on PACER 2 Exhibit Certificate of Good Standing View on PACER	July 23, 2015	July 23, 2015 PACER
13	Order by Magistrate Judge Kandis A. Westmore granting 12 Motion for Pro Hac Vice.(kawlc2S, COURT STAFF) (Filed on 7/23/2015) (Entered: 07/23/2015)	July 23, 2015	July 23, 2015 PACER
14	NOTICE of Appearance by Marianne Leslie Engelman Lado (Engelman Lado, Marianne) (Filed on 7/23/2015) (Entered: 07/23/2015)	July 23, 2015	July 23, 2015 PACER
15	SUMMONS Returned Executed by Michael Boyd, Maurice and Jane Sugar Law Center for Economic and Social Justice, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Ashurst Bar/Smith Community Organization, Sierra Club. Gina McCarthy served on 7/27/2015, answer due 9/25/2015. Served Summons upon Gina McCarthy by Federal Express with Proof of Delivery (Engelman Lado, Marianne) (Filed on 7/27/2015) Modified on 8/18/2015 (cjlS, COURT STAFF). (Entered: 07/27/2015)	July 27, 2015	July 27, 2015 PACER
16	SUMMONS Returned Executed by Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Ashurst Bar/Smith Community Organization, Sierra Club. Served Summons Upon Attorney General Loretta Lynch by Federal Express with Proof of Delivery (Engelman Lado, Marianne) (Filed on 7/27/2015) (Entered: 07/27/2015)	July 27, 2015	July 27, 2015 PACER
17	SUMMONS Returned Executed by Michael Boyd, Maurice and Jane Sugar Law Center for Economic and Social Justice, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Ashurst Bar/Smith Community Organization, Sierra Club. Served Summons upon Civil Process Clerk at US Attorney's Office by Federal Express with Proof of Delivery (Engelman Lado, Marianne) (Filed on 7/27/2015) (Entered: 07/27/2015)	July 27, 2015	July 27, 2015 PACER
18	SUMMONS Returned Executed by Michael Boyd, Maurice and Jane Sugar Law Center for Economic and Social Justice, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Ashurst Bar/Smith Community Organization, Sierra Club. United States Environmental Protection Agency served on 7/29/2015, answer due 9/28/2015. Served Summons upon U.S. EPA by Federal Express with Proof of Delivery (Engelman Lado, Marianne) (Filed on 7/29/2015) Modified on 8/18/2015 (cjlS, COURT STAFF). (Entered: 07/29/2015)	July 29, 2015	July 29, 2015 PACER
19	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Maurice and Jane Sugar Law Center for Economic and Social Justice, Sierra Club.. (Gutierrez, Irene) (Filed on 7/29/2015) (Entered: 07/29/2015)	July 29, 2015	July 29, 2015 PACER
20	NOTICE of Appearance by Michael Andrew Zee (Zee, Michael) (Filed on 8/21/2015) (Entered: 08/21/2015)	Aug. 21, 2015	Aug. 21, 2015 PACER
21	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gina McCarthy, United States Environmental Protection Agency.. (Zee, Michael) (Filed on 9/2/2015) (Entered: 09/02/2015)	Sept. 2, 2015	Sept. 2, 2015 PACER
22	CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (sisS, COURT STAFF) (Filed on 9/3/2015) (Entered: 09/03/2015)	Sept. 3, 2015	Sept. 3, 2015 PACER
23	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Saundra Brown Armstrong for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. Signed by the Executive Committee on September 3, 2015. (cjlS, COURT STAFF) (Filed on 9/3/2015) (Entered: 09/03/2015)	Sept. 3, 2015	Sept. 3, 2015 PACER
24	CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASES; Joint Case Management Statement due by 10/8/2015. Telephonic Case Management Conference set for 10/15/2015 03:00 PM. (jebS, COURT STAFF) (Filed on 9/4/2015) Modified on 9/4/2015 (jebS, COURT STAFF). Modified on 9/8/2015 (jlmS, COURT STAFF). (Entered: 09/04/2015)	Sept. 4, 2015	Sept. 4, 2015 PACER
25	STIPULATION WITH PROPOSED ORDER TO STAY PROCEEDINGS PENDING SETTLEMENT NEGOTIATIONS, filed by Gina McCarthy, United States Environmental Protection Agency, Ashurst Bar/Smith Community Organiation, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Maurice and Jane Sugar Law Center for Economic and Social Justice, Sierra Club. (Zee, Michael) (Filed on 9/15/2015) Modified on 9/16/2015 (jlmS, COURT STAFF). (Entered: 09/15/2015)	Sept. 15, 2015	Sept. 15, 2015 PACER
26	Order by Hon. Saundra Brown Armstrong granting 25 Stipulation to Stay Proceedings Pending Settlement Negotiations.(jebS, COURT STAFF) (Filed on 9/15/2015) (Entered: 09/15/2015)	Sept. 15, 2015	Sept. 15, 2015 PACER
27	CLERK'S NOTICE. Notice is hereby given that the Initial Case Management Conference, previously set for Thursday, October 15, 2015, at 3:00 p.m. is continued to Thursday, December 10, 2015, at 2:30 p.m. by telephonic appearance. The parties shall meet and confer prior to the conference and shall prepare a Joint Case Management Conference Statement which shall be filed no later than seven (7) days prior to the Case Management Conference that complies with the Standing Order For All Judges Of The Northern District Of California and the Standing Order of this Court. Plaintiffs shall be responsible for filing the statement as well as for arranging the conference call. All parties shall be on the line and shall call (510) 879-3550 at the above indicated date and time. (This is a text-only entry generated by the court. There is no document associated with this entry.) Joint Case Management Statement due by 12/3/2015. Telephonic Case Management Conference set for 12/10/2015 02:30 PM. (jebS, COURT STAFF) (Filed on 9/15/2015) (Entered: 09/15/2015)	Sept. 15, 2015	Sept. 15, 2015 PACER
28	JOINT STATUS REPORT and Stipulated Request to Extend Stay 30 Days, filed by Gina McCarthy, United States Environmental Protection Agency, Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Maurice and Jane Sugar Law Center for Economic and Social Justice, Sierra Club. (Zee, Michael) (Filed on 11/9/2015) Modified on 11/10/2015 (jlmS, COURT STAFF). (Entered: 11/09/2015)	Nov. 9, 2015	Nov. 9, 2015 PACER
29	ORDER Granting Stipulated Request to Extend Stay Pending Settlement Negotiations. Signed by Judge Saundra Brown Armstrong on 11/09/2015. (tmiS, COURT STAFF) (Filed on 11/9/2015) (Entered: 11/09/2015)	Nov. 9, 2015	Nov. 9, 2015 RECAP
30	CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. The Telephonic Case Management Conference, previously set for Thursday, 12/10/2015, is continued to Thursday, 1/28/2016, at 2:30 PM. The parties shall meet and confer prior to the conference and shall prepare a joint Case Management Conference Statement which shall be filed no later than seven (7) days prior to the Case Management Conference that complies with the Standing Order For All Judges Of The Northern District Of California and the Standing Order of this Court. Plaintiffs shall be responsible for filing the statement as well as for arranging the conference call. All parties shall be on the line and shall call (510) 879-3550 at the above indicated date and time. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tmiS, COURT STAFF) (Filed on 11/9/2015) (Entered: 11/09/2015)	Nov. 9, 2015	Nov. 9, 2015 PACER
31	STATUS REPORT and Stipulated Request to Set Deadline to File Amended Complaint, filed by Gina McCarthy, United States Environmental Protection Agency, Ashurst Bar/Smith Community Organization, Michael Boyd, Californian For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Maurice and Jane Sugar Law Center for Ecomonic and Social Justice, Sierra Club. (Zee, Michael) (Filed on 12/9/2015) Modified on 12/10/2015 (jlmS, COURT STAFF). (Entered: 12/09/2015)	Dec. 9, 2015	Dec. 9, 2015 PACER
32	JOINT STATUS REPORT AND STIPULATION WITH PROPOSED ORDER to Set Deadline to File Amended Complaint, filed by Gina McCarthy, United States Environmental Protection Agency, Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Maurice and Jane Sugar Law Center for Economic and Social Justice, Sierra Club. (Zee, Michael) (Filed on 12/16/2015) Modified on 12/17/2015 (jlmS, COURT STAFF). (Entered: 12/16/2015)	Dec. 16, 2015	Dec. 16, 2015 PACER
33	Order by Hon. Saundra Brown Armstrong granting 32 Stipulation to Set Deadline to File Amended Complaint.(tmiS, COURT STAFF) (Filed on 12/16/2015) (Entered: 12/16/2015)	Dec. 16, 2015	Dec. 16, 2015 PACER
34	AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filed byMichael Boyd, Citizens for Alternatives to Radioactive Dumping, Ashurst Bar/Smith Community Organization, Californians For Renewable Energy, Sierra Club, Saint Francis Prayer Center. (Attachments: # 1 Exhibit Ex. 1 - Prayer Center Complaint, # 2 Exhibit Ex. 2 - EPA Acceptance of Prayer Center Complaint, # 3 Exhibit Ex. 3 - Genesee Sugar Law Letter Aug. 1995, # 4 Exhibit Ex. 4 - Genesee Sugar Law Letter June 2000, # 5 Exhibit Ex. 5 - CARE Complaint, # 6 Exhibit Ex. 6 - Complaints Filed With EPA Under Title VI, # 7 Exhibit Ex. 7 - CARE Am. Complaint, # 8 Exhibit Ex. 8 - Boyd Whistleblower Complaint, # 9 Exhibit Ex. 9 - ECHO Detailed Facility Report - Los Medanos Energy Center, # 10 Exhibit Ex. 10 - Sierra Club Complaint, # 11 Exhibit Ex. 11 - EPA Partial Acceptance - Sierra Club Complaint, # 12 Exhibit Ex. 12 - EPA - ExxonMobil Refinery Settlement, # 13 Exhibit Ex. 13 - ECHO Detailed Facility Report - ExxonMobil Beaumont Refinery, # 14 Exhibit Ex. 14 - CARD Complaint, # 15 Exhibit Ex. 15 - EPA OCR Acceptance of CARD Complaint, # 16 Exhibit Ex. 16 - CARD Am. Complaint, # 17 Exhibit Ex. 17 - EPA OCR Req. for More Information to CARD, # 18 Exhibit Ex. 18 - Ashurst/Bar Smith Complaint (Redacted), # 19 Exhibit Ex. 19 - Ashurst/Bar Smith Am. Complaint (Redacted), # 20 Exhibit Ex. 20 - ADEM Response to EPA Notice, # 21 Exhibit Ex. 21 - EPA Acceptance of Ashurst/Bar Smith Complaint (Redacted), # 22 Exhibit Ex. 22 - EPA Info Request to ADEM, # 23 Exhibit Ex. 23 - ADEM Respone to EPA Info Request, # 24 Exhibit Ex. 24 - EPA Partial Dismissal Tallassee (Redacted), # 25 Exhibit Ex. 25 - Deloitte Report re EPA OCR, # 26 Exhibit Ex. 26 - CPI, "Environmental Racism Persists, and the EPA is One Reason Why", # 27 Exhibit Ex. 27 - CPI, "Decades of Inaction")(Engelman Lado, Marianne) (Filed on 1/7/2016) (Entered: 01/07/2016) 1 Exhibit Ex. 1 - Prayer Center Complaint View on PACER 2 Exhibit Ex. 2 - EPA Acceptance of Prayer Center Complaint View on PACER 3 Exhibit Ex. 3 - Genesee Sugar Law Letter Aug. 1995 View on PACER 4 Exhibit Ex. 4 - Genesee Sugar Law Letter June 2000 View on PACER 5 Exhibit Ex. 5 - CARE Complaint View on PACER 6 Exhibit Ex. 6 - Complaints Filed With EPA Under Title VI View on PACER 7 Exhibit Ex. 7 - CARE Am. Complaint View on PACER 8 Exhibit Ex. 8 - Boyd Whistleblower Complaint View on PACER 9 Exhibit Ex. 9 - ECHO Detailed Facility Report - Los Medanos Energy Center View on PACER 10 Exhibit Ex. 10 - Sierra Club Complaint View on PACER 11 Exhibit Ex. 11 - EPA Partial Acceptance - Sierra Club Complaint View on PACER 12 Exhibit Ex. 12 - EPA - ExxonMobil Refinery Settlement View on PACER 13 Exhibit Ex. 13 - ECHO Detailed Facility Report - ExxonMobil Beaumont Refinery View on PACER 14 Exhibit Ex. 14 - CARD Complaint View on PACER 15 Exhibit Ex. 15 - EPA OCR Acceptance of CARD Complaint View on PACER 16 Exhibit Ex. 16 - CARD Am. Complaint View on PACER 17 Exhibit Ex. 17 - EPA OCR Req. for More Information to CARD View on PACER 18 Exhibit Ex. 18 - Ashurst/Bar Smith Complaint (Redacted) View on PACER 19 Exhibit Ex. 19 - Ashurst/Bar Smith Am. Complaint (Redacted) View on PACER 20 Exhibit Ex. 20 - ADEM Response to EPA Notice View on PACER 21 Exhibit Ex. 21 - EPA Acceptance of Ashurst/Bar Smith Complaint (Redacted) View on PACER 22 Exhibit Ex. 22 - EPA Info Request to ADEM View on PACER 23 Exhibit Ex. 23 - ADEM Respone to EPA Info Request View on PACER 24 Exhibit Ex. 24 - EPA Partial Dismissal Tallassee (Redacted) View on PACER 25 Exhibit Ex. 25 - Deloitte Report re EPA OCR View on PACER 26 Exhibit Ex. 26 - CPI, "Environmental Racism Persists, and the EPA is One Re View on PACER 27 Exhibit Ex. 27 - CPI, "Decades of Inaction" View on PACER	Jan. 7, 2016	Jan. 7, 2016 PACER
35	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options, filed by Gina McCarthy, United States Environmental Protection Agency (Zee, Michael) (Filed on 1/20/2016) Modified on 1/21/2016 (jlmS, COURT STAFF). (Entered: 01/20/2016)	Jan. 20, 2016	Jan. 20, 2016 PACER
36	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options, filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians for Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club (Engelman Lado, Marianne) (Filed on 1/21/2016) Modified on 1/22/2016 (jlmS, COURT STAFF). (Entered: 01/21/2016)	Jan. 21, 2016	Jan. 21, 2016 PACER
37	JOINT CASE MANAGEMENT STATEMENT filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club, Gina McCarthy, United States Environmental Protection Agency. (Engelman Lado, Marianne) (Filed on 1/21/2016) Modified on 1/22/2016 (jlmS, COURT STAFF). (Entered: 01/21/2016)	Jan. 21, 2016	Jan. 21, 2016 PACER
38	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d), filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club, Gina McCarthy, United States Environmental Protection Agency (Engelman Lado, Marianne) (Filed on 1/21/2016) Modified on 1/22/2016 (jlmS, COURT STAFF). (Entered: 01/21/2016)	Jan. 21, 2016	Jan. 21, 2016 PACER
39	ADR Clerk's Notice Setting ADR Phone Conference on January 27, 2016 at 1:30 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 1/22/2016) (Entered: 01/22/2016)	Jan. 22, 2016	Jan. 22, 2016 PACER
40	STIPULATION WITH PROPOSED ORDER to Extend Response Deadline and Set Briefing Schedule for Cross-Motions, filed by Gina McCarthy, United States Environmental Protection Agency, Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club. (Attachments: # 1 Declaration of M. Andrew Zee)(Zee, Michael) (Filed on 1/25/2016) Modified on 1/26/2016 (jlmS, COURT STAFF). (Entered: 01/25/2016) 1 Declaration of M. Andrew Zee View on PACER	Jan. 25, 2016	Jan. 25, 2016 PACER
41	STIPULATION AND ORDER TO EXTEND RESPONSE DEADLINE TO PLAINTIFFS AMENDED COMPLAINT AND TO SET BRIEFING SCHEDULE FOR CROSS-MOTIONS by Hon. Saundra Brown Armstrong granting 40 Stipulation. EPAs deadline to respond to the Amended Complaint and file motion for dispositive relief: January 29, 2016. (jebS, COURT STAFF) (Filed on 1/26/2016) (Entered: 01/26/2016)	Jan. 26, 2016	Jan. 26, 2016 PACER
	ADR Remark: ADR Phone Conference held on 1/27/2016 with Tamara Lange. (cmf, COURT STAFF) (Filed on 1/27/2016)	Jan. 27, 2016	Jan. 27, 2016 PACER
42	Minute Entry for proceedings held before Hon. Saundra Brown Armstrong: Initial Case Management Conference held on 1/28/2016. Total Time in Court 20 Minutes. Not Reported or Recorded. (jebS, COURT STAFF) (Date Filed: 1/28/2016) (Entered: 01/29/2016)	Jan. 28, 2016	Jan. 28, 2016 PACER
43	Amended Minute Entry for proceedings held before Hon. Saundra Brown Armstrong: Further Case Management Conference held on 1/28/2016. Total Time in Court 20 Minutes. Not Reported or Recorded. (jebS, COURT STAFF) (Date Filed: 1/28/2016) (Entered: 01/29/2016)	Jan. 28, 2016	Jan. 28, 2016 PACER
44	ORDER OF REFERENCE FOR MANDATORY SETTLEMENT CONFERENCE. Signed by Judge Saundra Brown Armstrong on 2/18/16. (jebS, COURT STAFF) (Filed on 2/19/2016) Modified on 2/22/2016 (jlmS, COURT STAFF). (Entered: 02/19/2016)	Feb. 19, 2016	Feb. 19, 2016 RECAP
	CASE REFERRED to Magistrate Judge Laurel Beeler for Settlement (ahm, COURT STAFF) (Filed on 2/19/2016)	Feb. 19, 2016	Feb. 19, 2016 PACER
45	NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE before Magistrate Judge Laurel Beeler. Settlement Conference set for 4/1/2016 at 10:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 2/22/2016. (lsS, COURT STAFF) (Filed on 2/22/2016) (Entered: 02/22/2016)	Feb. 22, 2016	Feb. 22, 2016 PACER
46	CLERK'S NOTICE: After consultation with counsel, the court resets the Settlement Conference to 3/23/2016 at 9:00 AM in Courtroom C, 15th Floor, San Francisco. Settlement Conference Statements due 7 days prior to the conference. The Settlement Order issued on February 22, 2016, ECF No. 45 remains in affect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 2/25/2016) (Entered: 02/25/2016)	Feb. 25, 2016	Feb. 25, 2016 PACER
47	MOTION to Appear by Telephone at Settlement Conference, filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club. (Engelman Lado, Marianne) (Filed on 3/9/2016) Modified on 3/10/2016 (jlmS, COURT STAFF). (Entered: 03/09/2016)	March 9, 2016	March 9, 2016 PACER
48	ORDER GRANTING REQUEST FOR TELEPHONIC APPEARANCE AT SETTLEMENT CONFERENCE by Magistrate Judge Laurel Beeler: Granting 47 Motion to Appear by Telephone.(lsS, COURT STAFF) (Filed on 3/14/2016) (Entered: 03/14/2016)	March 14, 2016	March 14, 2016 PACER
49	ORDER RE SETTLEMENT CONFERENCE ATTENDANCE. The court just now received the plaintiffs' addendum dated March 21, 2016, about who should attend the settlement conference from the EPA. The court is not a fan of telephone participation and thinks (from prior and extensive settlement negotiations with the government) that in-person attendance is the key to negotiating injunctive relief. That said, the court trusts that all parties will ensure that all persons necessary for an effective settlement conference will attend the conference (even if by telephone or Skype) as opposed to being merely available by telephone. To facilitate participation, the parties should have separate conference call numbers available (and the court appreciates that at least some clients are attending via CourtCall). The court also reminds the parties that it has a previously scheduled matter from (likely) 11:15 a.m. to 1:45 p.m. Given that this is a negotiation, the parties should expect to continue their negotiation in the court's absence. (Beeler, Laurel) (Filed on 3/22/2016) (Entered: 03/22/2016)	March 22, 2016	March 22, 2016 PACER
50	Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 3/23/2016. Total Time in Court 9:20 a.m.-7:20 p.m. (10 hours). Not Reported. Plaintiff Attorney Marianne Lado; Jonathan Smith with Phyllis Gosa; Micheal Boyd; and Debra Reed. Neil Carmen; Phil Schmitter; and Ron Smith appeared via CourtCall Defendant Attorney Michael Zee with Mary O'lone. The Court sets a further counsel-only settlement conference for Thursday, March 31, 2016, at 1 p.m. PST. Counsel to call into chambers on one line at 415-522-4660. If this time is inconvenient, counsel may reset the time by calling courtroom deputy Lashanda Scott at 415-522-3140 or by emailing lbpo@cand.uscourts.gov. The Court might be able to accommodate an earlier time (such as noon) but will not know until Friday, March 25.This is a text only Minute Entry (ndrS, COURT STAFF) (Date Filed: 3/23/2016) (Entered: 03/24/2016)	March 23, 2016	March 23, 2016 PACER
51	Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Court held a further settlement conference. The parties agreed to the following process. The plaintiffs will provide a response to the government's March 30 letter no later than April 7. The government also will let the plaintiffs know by March 7 whether it is willing to give insight into the investigative status of the current complaints, not as part of a settlement agreement but for case-management and insight purposes. The parties could agree that the government could provide that information under a mediation/settlement-conference privilege. The government also will respond to the plaintiffs' April 7 letter no later than April 14, 2016. The parties then will confer by telephone before April 21, 2016 to discuss their respective perspectives. The court sets a further telephone call for April 21, 2016, at 1 p.m. Parties to call into chambers at 415-522-4660. The parties also may cc the court on their April 7 and April 14 letters by email to lbpo@cand.uscourts.gov. Finally, the parties may provide a brief update by email by 2 p.m. on April 20 (after their meet-and-confer) by email to the orders box. (Total Time: 1 hour and 20 Minutes) (Not Reported) Plaintiff Attorney: Marianne Lado and Jonathan Smith. Defendant Attorney: Andrew Zee. This is a text only Minute Entry. (lsS, COURT STAFF) (Date Filed: 3/31/2016) (Entered: 03/31/2016)	March 31, 2016	March 31, 2016 PACER
	Set/Reset Hearing re 51 Settlement Conference: Telephonic Settlement Conference set for 4/21/2016 at 1:00 P.M. (lsS, COURT STAFF) (Filed on 3/31/2016)	March 31, 2016	March 31, 2016 PACER
52	Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement conference call held. Parties to exchange proposals by next Tuesday and then confer on the proposals. The latest draft must be sent to the court by 10:00 a.m. on Wednesday, April 27, 2016. The court sets a further call for April 27, 2016 at 11:00 a.m. Parties to call into chambers on one line. (Total Time: 1 Hour and 30 Minutes) (Not Reported) Plaintiff Attorney: Marion Engelman-Lado and Jonathan Smith. Defendant Attorney: Andrew Zee. This is a text only Minute Entry. (lsS, COURT STAFF) (Date Filed: 4/21/2016) (Entered: 04/21/2016)	April 21, 2016	April 21, 2016 PACER
53	Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 4/27/2016. Counsel to confer and update the court within two business days regarding next steps. (Total Time: 50 Minutes) (Not Reported) Plaintiff Attorney: Marion Engelman-Lado and Jonathan Smith. Defendant Attorney: Andrew Zee. This is a text only Minute Entry. (lsS, COURT STAFF) (Date Filed: 4/27/2016) (Entered: 04/28/2016)	April 27, 2016	April 27, 2016 PACER
54	CLERK'S NOTICE: Telephonic Settlement Conference set for 6/7/2016 at 2:00 P.M. (Pacific Time). Counsel to set up a conference call line and phone in to chambers with all parties on one line (415-522-4660). (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 6/7/2016) (Entered: 06/07/2016)	June 7, 2016	June 7, 2016 PACER
55	Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference call held on 6/8/2016. The case has not settled. The court remains available to help the parties should their positions change. The next step is a case-management conference. The court directed the parties to confer after today's call about the contents of their CMC statement and any disputes that they need to raise before the trial judge. (Total Time: 45 Minutes) (Not Reported) Plaintiff Attorney: Marianne Engelman Lado and Jonathan Smith. Defendant Attorney: Michael Andrew Zee. This is a text only Minute Entry. (lsS, COURT STAFF) (Date Filed: 6/8/2016) (Entered: 06/08/2016)	June 8, 2016	June 8, 2016 PACER
56	ORDER SETTING FURTHER CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 6/15/2016. Further Case Management Conference set for 6/22/2016 02:30 PM. Signed by Judge Saundra Brown Armstrong on 6/8/16. (jjoS, COURT STAFF) (Filed on 6/8/2016) (Entered: 06/08/2016)	June 8, 2016	June 8, 2016 RECAP
57	NOTICE of Appearance of Matthew Lawrence as Counsel, filed by United States Environmental Protection Agency (Lawrence, Matthew) (Filed on 6/9/2016) Modified on 6/10/2016 (jlm, COURT STAFF). (Entered: 06/09/2016)	June 9, 2016	June 9, 2016 PACER
	Electronic filing error - Cases assigned to Judge Saundra Brown Armstrong should bear the initials "SBA" after the case number Re: 57 Notice of Appearance, filed by United States Environmental Protection Agency. Counsel need not re-file document, but should reference "SBA" after the case number in future filings. (jlm, COURT STAFF) (Filed on 6/10/2016)	June 10, 2016	June 10, 2016 PACER
58	UPDATED JOINT CASE MANAGEMENT STATEMENT filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club, United States Environmental Protection Agency, Gina McCarthy. (Engelman Lado, Marianne) (Filed on 6/15/2016) Modified on 6/16/2016 (kcS, COURT STAFF). (Entered: 06/15/2016)	June 15, 2016	June 15, 2016 PACER
59	CLERK'S NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE Further Case Management Conference set for 7/7/2016 02:30 PM. (jjoS, COURT STAFF) (Filed on 6/22/2016) (Entered: 06/22/2016)	June 22, 2016	June 22, 2016 PACER
61	Minute Entry for proceedings held before Hon. Saundra Brown Armstrong: Further Case Management Conference held on 7/7/2016. Total Time in Court 15 minutes. Court Reporter Name Unreported. (jjoS, COURT STAFF) (Date Filed: 7/7/2016) Modified on 7/12/2016 (jlmS, COURT STAFF). (Entered: 07/11/2016)	July 7, 2016	July 7, 2016 PACER
60	SECOND ORDER OF REFERENCE FOR MANDATORY SETTLEMENT CONFERENCE. Signed by Judge Saundra Brown Armstrong on 7/7/16. (jjoS, COURT STAFF) (Filed on 7/8/2016) (Entered: 07/08/2016)	July 8, 2016	July 8, 2016 RECAP
	Set/Reset Hearing Further Telephonic Case Management Conference set for 11/2/2016 at 02:30 PM, per 60 Order. (jlmS, COURT STAFF) (Filed on 7/8/2016)	July 8, 2016	July 8, 2016 PACER
62	STIPULATION AND PROPOSED ORDER for Clarification of Second Order of Reference, filed by Gina McCarthy, United States Environmental Protection Agency, Californians for Renewable Energy. Responses due by 7/15/2016. (Zee, Michael) (Filed on 7/11/2016) Modified on 7/12/2016 (jlmS, COURT STAFF). (Entered: 07/11/2016)	July 11, 2016	July 11, 2016 PACER
63	ORDER by Judge Saundra Brown Armstrong granting 62 Administrative Motion to suspend deadlines. (sisS, COURT STAFF) (Filed on 7/12/2016) (Entered: 07/12/2016)	July 12, 2016	July 12, 2016 PACER
64	CLERK'S NOTICE: Further Settlement Conference set for 8/12/2016 at 10:00 AM in Courtroom C, 15th Floor, San Francisco. Updated Settlement Conference Statements due August 5, 2016. The Settlement Order issued on February 22, 2016, ECF No. 45 remains in affect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 7/12/2016) (Entered: 07/12/2016)	July 12, 2016	July 12, 2016 PACER
65	CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE: Settlement Conference reset for 8/15/2016 11:00 AM in Courtroom C, 15th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 7/20/2016) (Entered: 07/20/2016)	July 20, 2016	July 20, 2016 PACER
66	Consent MOTION to Appear by Telephone at Settlement Conference filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club. (Engelman Lado, Marianne) (Filed on 8/3/2016) (Entered: 08/03/2016)	Aug. 3, 2016	Aug. 3, 2016 PACER
67	ORDER GRANTING REQUEST FOR TELEPHONIC APPEARANCE AT SETTLEMENT CONFERENCE by Magistrate Judge Laurel Beeler: Granting 66 Motion to Appear by Telephone. (ls, COURT STAFF) (Filed on 8/4/2016) (Entered: 08/04/2016)	Aug. 4, 2016	Aug. 4, 2016 PACER
68	Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 8/15/2016. The government will circulate a revised proposal as soon as is practicable and in any event, within 21 days. (Not Reported) Plaintiff Attorney: John Pilo (video conference), Jonathan J. Smith and Marianne Engelman Lado. Defendant Attorney: Andrew Zee and Mary O'Lone. Clients: Kurt Tempel, Michael Boyd, Deborah Read; Video Conference Appearances - Neil Carmen, Philip Schmitr, Phyllis Gosa and Ronald Smith.This is a text only Minute Entry. (lsS, COURT STAFF) (Date Filed: 8/15/2016) (Entered: 08/16/2016)	Aug. 15, 2016	Aug. 15, 2016 PACER
69	Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: The court had further settlement conferences with the parties, who were unable to settle the case. The court suggests that the parties confer by September 9 to come up with a case-management schedule and submit it to Judge Armstrong. The court remains available to help if circumstances change. (Not Reported)Plaintiff Attorney: Marianne Engelman Lado and Jonathan Smith. Defendant Attorney: Michael Andrew Zee. This is a text only Minute Entry. (lsS, COURT STAFF) (Date Filed: 8/30/2016) (Entered: 08/30/2016)	Aug. 30, 2016	Aug. 30, 2016 PACER
70	ORDER SETTING CASE MANAGEMENT CONFERENCE Joint Case Management Statement due by 9/9/2016. Further Case Management Conference set for 9/21/2016 02:30 PM. Signed by Judge Saundra Brown Armstrong on 8/30/16. (dtmS, COURT STAFF) (Filed on 8/30/2016) Modified on 8/31/2016 (dtmS, COURT STAFF). (Entered: 08/30/2016)	Aug. 30, 2016	Aug. 30, 2016 PACER
71	JOINT CASE MANAGEMENT STATEMENT Updated Joint Case Management Statement filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club. (Engelman Lado, Marianne) (Filed on 9/9/2016) (Entered: 09/09/2016)	Sept. 9, 2016	Sept. 9, 2016 PACER
72	Minute Entry for proceedings held before Hon. Saundra Brown Armstrong: Further Case Management Conference held on 9/21/2016. Parties shall meet and confer by 9/26/16, regarding consenting to the jurisdiction of a magistrate judge. Further Telephonic Case Management Conference set for 9/28/2016 02:45 PM.Total Time in Court 11 minutes. Court Reporter Name Not reported. (sisS, COURT STAFF) (Date Filed: 9/21/2016) (Entered: 09/21/2016)	Sept. 21, 2016	Sept. 21, 2016 PACER
73	Minute Entry for proceedings held before Hon. Saundra Brown Armstrong: Court to issue Pretrial Scheduling Order and briefing schedule. Further Case Management Conference held on 9/28/2016. Total Time in Court 30 minutes. Court Reporter Name Not reported. (sisS, COURT STAFF) (Date Filed: 9/28/2016) Modified on 9/30/2016 (jlmS, COURT STAFF). (Entered: 09/29/2016)	Sept. 28, 2016	Sept. 28, 2016 PACER
74	ORDER SETTING BRIEFING SCHEDULE: Defendant's dispositive motion to be filed by 10/19/16. Opposition and cross-motion due by 11/9/2016. Reply and opposition to cross-motion due by 12/1/2016. Plaintiff's reply in support of cross-motion due by 12/15/16. Motion Hearing set for 1/11/2017 01:00 PM before Hon. Saundra Brown Armstrong. Signed by Judge Saundra Brown Armstrong on 9/28/16. (sisS, COURT STAFF) (Filed on 9/28/2016) (Entered: 09/29/2016)	Sept. 28, 2016	Sept. 28, 2016 PACER
75	SCHEDULING ORDER: Deadline to amend the pleadings is 10/12/2016. Discovery cut-off by 3/31/2017. All dispositive motions shall be heard on or before 6/14/2017 at 01:00 PM. Signed by Judge Saundra Brown Armstrong on 10/5/2016. (ig, COURT STAFF) (Filed on 10/5/2016) (Entered: 10/05/2016)	Oct. 5, 2016	Oct. 5, 2016 PACER
76	STIPULATION WITH PROPOSED ORDER to Extend the Deadline to File Amended Complaint and to Modify Briefing Schedule and Scheduling Order re 75 Order, filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club. (Attachments: # 1 Declaration Declaration of Marianne Engelman Lado in Support of Stipulation)(Engelman Lado, Marianne) (Filed on 10/11/2016) Modified on 10/12/2016 (jlmS, COURT STAFF). (Entered: 10/11/2016) 1 Declaration Declaration of Marianne Engelman Lado in Support of Stipulation View on PACER	Oct. 11, 2016	Oct. 11, 2016 PACER
77	STIPULATION AND ORDER TO EXTEND THE DEADLINE TO FILE AMENDED COMPLAINT AND TO MODIFY BRIEFING SCHEDULE AND SCHEDULING ORDER by Hon. Saundra Brown Armstrong.(dtmS, COURT STAFF) (Filed on 10/12/2016) (Entered: 10/12/2016)	Oct. 12, 2016	Oct. 12, 2016 PACER
78	MOTION for Leave to File Second Amended Complaint filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Maurice and Jane Sugar Law Center for Economic and Social Justice, Saint Francis Prayer Center, Sierra Club. (Attachments: # 1 Exhibit Exhibit 1 to Motion, # 2 Exhibit Exhibit 2 to Motion, # 3 Exhibit 3 to Motion (Amended Complaint + 34 exhibits))(Engelman Lado, Marianne) (Filed on 10/14/2016) (Entered: 10/14/2016) 1 Exhibit Exhibit 1 to Motion View on PACER 2 Exhibit Exhibit 2 to Motion View on PACER 3 Exhibit 3 to Motion (Amended Complaint + 34 exhibits) View on PACER	Oct. 14, 2016	Oct. 14, 2016 PACER
	Set/Reset Deadlines as to 78 MOTION for Leave to File Second Amended Complaint. Responses due by 10/28/2016. Replies due by 11/4/2016. Motion Hearing set for 12/14/2016 01:00 PM in Courtroom 210, 2nd Floor, Bankruptcy Court, Oakland before Hon. Saundra Brown Armstrong. (dtmS, COURT STAFF) (Filed on 10/14/2016)	Oct. 14, 2016	Oct. 14, 2016 PACER
79	RESPONSE (re 78 MOTION for Leave to File Second Amended Complaint ) filed byGina McCarthy, United States Environmental Protection Agency. (Zee, Michael) (Filed on 10/28/2016) (Entered: 10/28/2016)	Oct. 28, 2016	Oct. 28, 2016 PACER
80	REPLY (re 78 MOTION for Leave to File Second Amended Complaint), filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club. (Attachments: # 1 Declaration Ex. 1 - Declaration of Michael E. Boyd)(Engelman Lado, Marianne) (Filed on 11/4/2016) Modified on 11/7/2016 (jlmS, COURT STAFF). (Entered: 11/04/2016) 1 Declaration Ex. 1 - Declaration of Michael E. Boyd View on PACER	Nov. 4, 2016	Nov. 4, 2016 PACER
81	ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Saundra B Armstrong on 11/10/16. (dtmS, COURT STAFF) (Filed on 11/10/2016) (Entered: 11/10/2016)	Nov. 10, 2016	Nov. 10, 2016 PACER
	CASE REFERRED to Magistrate Judge Elizabeth D. Laporte for Discovery (ahm, COURT STAFF) (Filed on 11/14/2016)	Nov. 14, 2016	Nov. 14, 2016 PACER
82	ORDER Re Discovery Procedures by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 11/15/2016) (Entered: 11/15/2016)	Nov. 15, 2016	Nov. 15, 2016 PACER
83	CLERK'S NOTICE. You are hereby notified that the 12/14/16 hearing re 78 Motion for Leave to File is vacated. The motion will be decided on the pleadings. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dtmS, COURT STAFF) (Filed on 11/28/2016) (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
84	NOTICE of Change In Counsel as to Heather Mudford Lewis, filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Maurice and Jane Sugar Law Center for Economic and Social Justice, Saint Francis Prayer Center, Sierra Club (Lewis, Heather) (Filed on 1/17/2017) Modified on 1/18/2017 (jlmS, COURT STAFF). (Entered: 01/17/2017)	Jan. 17, 2017	Jan. 17, 2017 PACER
85	NOTICE of Change of Address as to Marianne Leslie Engelman Lado, filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club (Engelman Lado, Marianne) (Filed on 1/17/2017) Modified on 1/18/2017 (jlmS, COURT STAFF). (Entered: 01/17/2017)	Jan. 17, 2017	Jan. 17, 2017 PACER
86	Order by Hon. Saundra Brown Armstrong granting in part and denying in part 78 Motion for Leave to File Second Amended Complaint. Amended Pleadings due by 1/19/2017.(dtmS, COURT STAFF) (Filed on 1/17/2017) (Entered: 01/17/2017)	Jan. 17, 2017	Jan. 17, 2017 PACER
87	MOTION for leave to appear in Pro Hac Vice for Suzanne Novak (Filing fee $ 310, receipt number 0971-11085344.) Filing fee previously paid on 01/19/2017 filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club. (Attachments: # 1 Affidavit Oath per L.R. 11-3(a) in Support of Application for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Certificate/Proof of Service Certificate of Service)(Novak, Suzanne) (Filed on 1/19/2017) Modified on 1/20/2017 (jlmS, COURT STAFF). (Entered: 01/19/2017) 1 Affidavit Oath per L.R. 11-3(a) in Support of Application for Admission Pro Hac View on PACER 2 Exhibit Certificate of Good Standing View on PACER 3 Certificate/Proof of Service Certificate of Service View on PACER	Jan. 19, 2017	Jan. 19, 2017 PACER
88	Order by Hon. Saundra Brown Armstrong granting 87 Motion for Pro Hac Vice by Suzanne Novak.(dtmS, COURT STAFF) (Filed on 1/19/2017) (Entered: 01/19/2017)	Jan. 19, 2017	Jan. 19, 2017 PACER
89	NOTICE of Appearance of Suzanne Novak as Counsel, filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club (Novak, Suzanne) (Filed on 1/19/2017) Modified on 1/20/2017 (jlmS, COURT STAFF). (Entered: 01/19/2017)	Jan. 19, 2017	Jan. 19, 2017 PACER
90	SECOND AMENDED COMPLAINT against Gina McCarthy, United States Environmental Protection Agency. Filed by Michael Boyd, Saint Francis Prayer Center, Citizens for Alternatives to Radioactive Dumping, Ashurst Bar/Smith Community Organization, Californians For Renewable Energy, Sierra Club. (Attachments: # 1 Exhibit Ex. 1 - Prayer Center Complaint w/ Attachments, # 2 Exhibit Ex. 2 - EPA Acceptance of Prayer Center Complaint, # 3 Exhibit Ex. 3 - Sugar Law Center Letter, # 4 Exhibit Ex. 4 - 2000 Sugar Law Center Letter to EPA, # 5 Exhibit Ex. 5 - CARE Complaint (Original), # 6 Exhibit Ex. 6 - Mar. 2016 List of EPA OCR Complaints, # 7 Exhibit Ex. 7 - CARE Amended Complaint, # 8 Exhibit Ex. 8 - Boyd Whistleblower Complaint, # 9 Exhibit Ex. 9 - ECHO Report, Los Medanos Energy Center, # 10 Exhibit Ex. 10 - Sierra Club Complaint, # 11 Exhibit Ex. 11 - EPA Partial Acceptance of Sierra Club Complaint, # 12 Exhibit Ex. 12 - ExxonMobil Refinery Settlement Info, # 13 Exhibit Ex. 13 - ECHO Report, Beaumont Refinery, # 14 Exhibit Ex. 14 - CARD Complaint, # 15 Exhibit Ex. 15 - EPA Acceptance of CARD Complaint, # 16 Exhibit Ex. 16 - CARD Amended Complaint, # 17 Exhibit Ex. 17 - EPA OCR Letter to CARD for More Information, # 18 Exhibit Ex. 18 - Ashurst Bar/Smith Complaint (Redacted), # 19 Exhibit Ex. 19 - Ashurst Bar/Smith Amended Complaint (Redacted), # 20 Exhibit Ex. 20 - ADEM Response to EPA Notice, # 21 Exhibit Ex. 21 - EPA Acceptance of Ashurst Bar/Smith Complaint, # 22 Exhibit Ex. 22 - EPA Info Request to ADEM, # 23 Exhibit Ex. 23 - ADEM Response to EPA Info Request, # 24 Exhibit Ex. 24 - EPA Partial Dismissal Tallassee (Redacted), # 25 Exhibit Ex. 25 - Deloitte EPA OCR Report, # 26 Exhibit Ex. 26 - CPI Article, Environmental Racism Persists and the EPA is eOne Reason Why, # 27 Exhibit Ex. 27 - CPI, "Decades of Inaction")(Novak, Suzanne) (Filed on 1/19/2017) Modified on 1/20/2017 (jlmS, COURT STAFF). (Entered: 01/19/2017) 1 Exhibit Ex. 1 - Prayer Center Complaint w/ Attachments View on PACER 2 Exhibit Ex. 2 - EPA Acceptance of Prayer Center Complaint View on PACER 3 Exhibit Ex. 3 - Sugar Law Center Letter View on PACER 4 Exhibit Ex. 4 - 2000 Sugar Law Center Letter to EPA View on PACER 5 Exhibit Ex. 5 - CARE Complaint (Original) View on PACER 6 Exhibit Ex. 6 - Mar. 2016 List of EPA OCR Complaints View on PACER 7 Exhibit Ex. 7 - CARE Amended Complaint View on PACER 8 Exhibit Ex. 8 - Boyd Whistleblower Complaint View on PACER 9 Exhibit Ex. 9 - ECHO Report, Los Medanos Energy Center View on PACER 10 Exhibit Ex. 10 - Sierra Club Complaint View on PACER 11 Exhibit Ex. 11 - EPA Partial Acceptance of Sierra Club Complaint View on PACER 12 Exhibit Ex. 12 - ExxonMobil Refinery Settlement Info View on PACER 13 Exhibit Ex. 13 - ECHO Report, Beaumont Refinery View on PACER 14 Exhibit Ex. 14 - CARD Complaint View on PACER 15 Exhibit Ex. 15 - EPA Acceptance of CARD Complaint View on PACER 16 Exhibit Ex. 16 - CARD Amended Complaint View on PACER 17 Exhibit Ex. 17 - EPA OCR Letter to CARD for More Information View on PACER 18 Exhibit Ex. 18 - Ashurst Bar/Smith Complaint (Redacted) View on PACER 19 Exhibit Ex. 19 - Ashurst Bar/Smith Amended Complaint (Redacted) View on PACER 20 Exhibit Ex. 20 - ADEM Response to EPA Notice View on PACER 21 Exhibit Ex. 21 - EPA Acceptance of Ashurst Bar/Smith Complaint View on PACER 22 Exhibit Ex. 22 - EPA Info Request to ADEM View on PACER 23 Exhibit Ex. 23 - ADEM Response to EPA Info Request View on PACER 24 Exhibit Ex. 24 - EPA Partial Dismissal Tallassee (Redacted) View on PACER 25 Exhibit Ex. 25 - Deloitte EPA OCR Report View on PACER 26 Exhibit Ex. 26 - CPI Article, Environmental Racism Persists and the EPA is eOne View on PACER 27 Exhibit Ex. 27 - CPI, "Decades of Inaction" View on PACER	Jan. 19, 2017	Jan. 19, 2017 PACER
91	*ERRONEOUS ENTRY, PLEASE REFER TO DOCUMENT NO. 92 * NOTICE Regarding Filing of Plaintiffs' Second Amended Complaint re 90 Second Amended Complaint, filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club (Novak, Suzanne) (Filed on 1/19/2017) Modified on 1/19/2017 (jlmS, COURT STAFF). (Entered: 01/19/2017)	Jan. 19, 2017	Jan. 19, 2017 PACER
92	NOTICE Regarding Filing of Plaintiffs' Second Amended Complaint re 90 Second Amended Complaint, filed by Ashurst Bar/Smith Community Organization, Michael Boyd, Californians For Renewable Energy, Citizens for Alternatives to Radioactive Dumping, Saint Francis Prayer Center, Sierra Club (Novak, Suzanne) (Filed on 1/19/2017) Modified on 1/19/2017 (jlmS, COURT STAFF). (Entered: 01/19/2017)	Jan. 19, 2017	Jan. 19, 2017 PACER

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Case Details

State / Territory: California

Case Type(s):

Environmental Justice

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 15, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Californians for Renewable energy - 501(c)3 organization that advocates for new renewable energy supplies Ashurst Bar/Smith Community Organization - an organization dedicated to environmental justice Citizens for Alternatives to Radioactive Dumping (“CARD”) - 501(c)3 organization that addresses environmental injustice Saint Francis Prayer Center (“Prayer Center”) - 501(c)(3) nonprofit that serves many communities Sierra Club - 501(c)(4) organization dedicated to environmental justice

Plaintiff Type(s):

Non-profit religious organization

Non-profit NON-religious organization

Attorney Organizations:

Earthjustice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Environmental Protection Agency, Federal

Administrator, Federal