Case 3:20-cv-08530-SK Document 1 Filed 12/02/20 Page 1 of 13
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`Christopher Sproul (Cal. Bar No. 126398)
`Stuart Wilcox (Cal. Bar No. 327726)
`Brian Orion (Cal. Bar No. 239460)
`ENVIRONMENTAL ADVOCATES
`5135 Anza Street
`San Francisco, California 94121
`Telephone: (415) 533-3376
`Facsimile: (415) 358-5695
`Email: csproul@enviroadvocates.com
`Email: wilcox@enviroadvocates.com
`Email: borion@enviroadvocates.com
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`Attorneys for Plaintiff
`OUR CHILDREN’S EARTH FOUNDATION
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`OUR CHILDREN’S EARTH FOUNDATION, a
`non-profit corporation,
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` Plaintiff,
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` v.
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`ANDREW R. WHEELER, in his official
`capacity as Administrator of the United States
`Environmental Protection Agency,
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` Defendant.
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` Civil Case No. 20-cv-8530
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`COMPLAINT FOR DECLARATORY
`AND INJUNCTIVE RELIEF
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`Case 3:20-cv-08530-SK Document 1 Filed 12/02/20 Page 2 of 13
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`Our Children’s Earth Foundation (“OCE”) alleges as follows:
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`INTRODUCTION
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`1.
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`OCE brings this action under section 304(a)(2) of the Clean Air Act, 42 U.S.C. §
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`7604(a)(2), against Andrew R. Wheeler, in his official position as Administrator of the U.S.
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`Environmental Protection Agency (“EPA”). This Complaint challenges Administrator Wheeler’s failure
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`to timely assemble, publish, and publish notice in the Federal Register of, as required by section
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`110(h)(1) of the Clean Air Act, 42 U.S.C. § 7410(h)(1), comprehensive documents setting forth the state
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`implementation plans (“SIPs”) for the States of California, Arizona, and Nevada.
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`JURISDICTION
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`2.
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`This Court has subject matter jurisdiction under section 304 of the Clean Air Act, 42
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`U.S.C. § 7604(a)(2), which allows any person to institute a lawsuit against the Administrator where the
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`Administrator has failed to perform a nondiscretionary act under the Clean Air Act. This Court also has
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`jurisdiction over this action pursuant to 28 U.S.C. § 1331 (federal question) and 28 U.S.C. § 1361
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`(action to compel an officer of the United States to perform his duty).
`3.
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`This Court has authority to grant declaratory relief pursuant to the Declaratory Judgment
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`Act, 28 U.S.C. § 2201. This Court has authority to grant injunctive relief pursuant to 28 U.S.C. § 2202.
`4.
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`This Court has authority to award costs and attorney fees pursuant to 42 U.S.C. §
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`7604(d).
`5.
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`This Court has personal jurisdiction over Administrator Wheeler because he is an EPA
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`official and EPA is an agency of the federal government operating within the United States.
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`NOTICE
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`6.
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`By letter dated September 6, 2020, OCE provided the Administrator with written notice
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`of its claims concerning Administrator Wheeler’s failure to carry out his duty to assemble, publish, and
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`publish notice in the Federal Register of comprehensive SIP submissions for the 50 states, including
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`California, Arizona, and Nevada. OCE provided this notice pursuant to 42 U.S.C. § 7604(b)(2) and 40
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`C.F.R. §§ 54.2, 54.3. Administrator Wheeler received this notice letter on September 21, 2020.
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`Although more than 60 days have elapsed since OCE gave notice, Administrator Wheeler remains in
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`COMPLAINT FOR DECLARATORY 1
`AND INJUNCTIVE RELIEF
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`Case 3:20-cv-08530-SK Document 1 Filed 12/02/20 Page 3 of 13
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`violation of the law. As a result, the Clean Air Act claims made in this Complaint are ripe for judicial
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`review and the harm Administrator Wheeler has caused and will cause to OCE and its members and
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`staff can be remedied by an order of this Court.
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`VENUE
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`7.
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`Venue in the United States District for the Northern District of California is proper under
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`section 304 of the Clean Air Act, 42 U.S.C. § 7604, and 28 U.S.C. § 1391(b) and (e) because a
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`substantial part of the events or omissions giving rise to the claim occurred within this District, OCE
`resides in this District, and because EPA maintains its Region IX1 headquarters in this District.
`INTRADISTRICT ASSIGNMENT
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`8.
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` Intradistrict assignment of this matter to the San Francisco Division of the Court is
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`appropriate pursuant to Civil Local Rule 3-2(d) because EPA’s Region IX headquarters, where the
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`events or omissions that are the source of this lawsuit occurred, is located in San Francisco, California;
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`OCE’s principal place of business is located in Napa, California; and OCE’s lead counsel resides in San
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`Francisco, California.
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`THE PARTIES
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`9.
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`Plaintiff OUR CHILDREN’S EARTH FOUNDATION is a non-profit corporation based
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`in Napa, California that is dedicated to protecting the environment. OCE promotes public awareness of
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`domestic and international environmental impacts through information dissemination, education, and
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`private enforcement of environmental protection statutes. OCE enforcement cases aim to achieve public
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`access to government information, ensure proper implementation of environmental statutes and
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`permitting, and enjoin violations of environmental and government transparency laws. OCE has an
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`active membership of people from all over the United States with a significant number of members
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`residing in California, Arizona, and Nevada and in states harmed by interstate transport of air pollutants
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`originating in California, Arizona, and Nevada.
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`1 EPA Region IX’s jurisdiction extends to California, Arizona, Nevada, Hawaii, the Pacific Islands, and
`148 Tribal Nations.
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`COMPLAINT FOR DECLARATORY 2
`AND INJUNCTIVE RELIEF
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`10.
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`OCE is a non-profit corporation. Therefore, OCE is a “person” within the meaning of 42
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`U.S.C. § 7602(e). As such, OCE may commence a civil action under 42 U.S.C. § 7604(a).
`11.
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`OCE has a direct stake in the outcome of this action. As a result of Administrator
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`Wheeler’s failure to timely assemble, publish, and publish notice in the Federal Register of the
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`comprehensive SIPs for California, Arizona, and Nevada, OCE is unable to ascertain the applicable
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`federal clean air requirements, for purposes of education, advocacy, and enforcement, in the same fashion
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`that OCE can with published laws. As a result of Administrator Wheeler’s failure to timely assemble,
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`publish, and publish notice in the Federal Register of the comprehensive SIPs for California, Arizona,
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`and Nevada, OCE’s goals of education, advocacy, and enforcement of clean air laws are more difficult to
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`achieve. For example, ascertaining the applicable federal clean air requirements for purposes of education,
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`advocacy, and enforcement is more time consuming, resulting in draining the few resources that are
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`available to OCE for achieving its mission. Comparisons between the different SIP provisions, which at
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`times is essential for advocacy, is also impossible without up-to-date, published SIPs.
`12.
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`A significant number of OCE’s members live in, work in, and/or visit the states of
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`California, Arizona, and Nevada and/or states harmed by interstate transport of air pollutants originating
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`in California, Arizona, and/or Nevada. OCE’s members and staff breathe the excessively polluted air
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`when they are located in these states. Air pollution is exacerbated in these states where regulated entities
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`are unaware of Clean Air Act requirements and where citizen and organization enforcement of Clean Air
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`Act requirements is hampered by compromised availability of information on current standards,
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`regulations, and rules. The health, wellbeing, and enjoyment of these members and staff have been and
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`continue to be adversely affected by Defendant’s failure to assemble, publish, and publish notice in the
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`Federal Register of the comprehensive SIPs for California, Arizona, and Nevada in that, among other
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`things, the SIPs are more difficult to enforce because of their inaccessibility to the public and publicly
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`minded enforcement groups and because the standards are more difficult for regulated entities to ascertain
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`and comply with. As a result, the interests of OCE and its members and staff have been, are being, and
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`will continue to be irreparably harmed by the Administrator’s failure to comply with his duty to
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`COMPLAINT FOR DECLARATORY 3
`AND INJUNCTIVE RELIEF
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`Case 3:20-cv-08530-SK Document 1 Filed 12/02/20 Page 5 of 13
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`assemble, publish, and publish notice in the Federal Register of the comprehensive SIPs for California,
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`Arizona, and Nevada.
`13.
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`OCE has previously filed two lawsuits challenging the Administrator’s failure to comply
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`with his SIP assembly and publication duties across the Nation. See Our Children’s Earth Foundation v.
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`EPA, et al., 01-cv-1475 (N.D. Cal. 2001) (EPA Region IX); Our Children’s Earth Foundation v. EPA, et
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`al., 03-cv-1705 (N.D. Cal. 2003) (EPA Regions I-VIII and X). However, the Administrator is again failing
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`to comply with his obligations with regard to these duties, requiring OCE to expend further resources in
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`the present enforcement action.
`14.
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`The violations alleged in this Complaint also deprive OCE and its members and staff of
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`certain information associated with the Administrator’s required actions regarding the comprehensive
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`California, Arizona, and Nevada SIPs. These procedural, informational, and other injuries are directly
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`tied to the other harms OCE and its members and staff are experiencing.
`15.
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`The violations alleged in this Complaint have injured and continue to injure the interests
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`of OCE and its members and staff. These injuries are traceable to the Administrator’s failures to act.
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`Granting the requested relief would redress these injuries by compelling the Administrator to act in
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`compliance with what Congress has determined is an integral part of the regulatory scheme for attaining
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`and maintaining National Ambient Air Quality Standards (“NAAQS”), discussed below.
`16.
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`Defendant ANDREW R. WHEELER is Administrator of the EPA. Mr. Wheeler is sued
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`in his official capacity. The Administrator is charged with implementation and enforcement of the Clean
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`Air Act. As described below, the Clean Air Act assigns the Administrator certain non-discretionary
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`duties, including the SIP assembly and publication duties that serve as the basis of this lawsuit, and
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`Administrator Wheeler has failed to comply with these duties.
`17.
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`Administrator Wheeler failed to assemble, publish, and publish notice in the Federal
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`Register of the comprehensive SIPs for California, Arizona, and Nevada. As of this filing, Administrator
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`Wheeler’s failure is ongoing.
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`COMPLAINT FOR DECLARATORY 4
`AND INJUNCTIVE RELIEF
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`STATUTORY AND REGULATORY BACKGROUND
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`18.
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`The Clean Air Act, 42 U.S.C. §§ 7401-7671q, enacted in 1970 and amended in 1977 and
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`1990, establishes a comprehensive program to “protect and enhance the quality of the Nation’s air
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`resources so as to promote the public health and welfare and the productive capacity of its population.” 42
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`U.S.C. § 7401(b)(1). This program is founded on shared federal and state responsibility.
`19.
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`Sections 108 and 109 of the Clean Air Act require EPA to establish, review, and revise
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`nationally applicable standards for certain common air pollutants, called the NAAQS. 42 U.S.C. §§
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`7408-7409. The NAAQS establish permissible concentrations of those pollutants in the “ambient,” or
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`outside, air.
`20.
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`Section 110 of the Clean Air Act, 42 U.S.C. § 7410, in turn requires each state to adopt,
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`and submit to EPA for approval, a plan for the implementation, maintenance, and enforcement of the
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`NAAQS in each air quality control region within the state. These plans are known as SIPs, and states
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`regularly submit revisions to the comprehensive SIP for their state.
`21.
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`Among other things, SIPs contain controls on individual sources of air pollution as
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`necessary to attain and maintain the NAAQS. 42 U.S.C. § 7410. SIPs approved by EPA become federal
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`law. Thus, violations of SIP requirements, applicable to state agencies and individual sources of air
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`pollution, are subject to enforcement actions by the United States, as well as by citizens.
`22.
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`Section 110 of the Clean Air Act requires that any SIP submission that is approved, or
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`portion thereof that is approved, be included in the comprehensive SIP for each state and that EPA must
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`assemble, publish, and publish notice in the Federal Register of these comprehensive SIPs “[n]ot later
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`than 5 years after the date of the enactment of the Clean Air Act Amendments of 1990 [enacted Nov. 15,
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`1990], and every 3 years thereafter…” 42 U.S.C. § 7410(h)(1); see also H.R. Rep. No. 95-294 at 15
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`(1977) (noting that Section 110 of the Clean Air Act “requires the Administrator to compile and . . .
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`publish copies of each State’s air pollution control plan which have been federally approved or
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`promulgated. The intended purpose of the section is to provide a clear statement for the State, industry,
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`and the public of the air pollution rules which are in effect in each state.”).
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`COMPLAINT FOR DECLARATORY 5
`AND INJUNCTIVE RELIEF
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`23.
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`Administrator Wheeler has failed to comply with his duties under Section 110 of the
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`Clean Air Act.
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`FACTUAL BACKGROUND
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`24.
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`This lawsuit concerns Administrator Wheeler’s failure to timely assemble, publish, and
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`publish notice in the Federal Register of the comprehensive SIPs for California, Arizona, and Nevada.
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`These actions are now all overdue.
`25.
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`Administrator Wheeler has failed to publish any updates to the “comprehensive” SIP for
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`the State of California since 2017. See https://www.epa.gov/sips-ca/epa-approved-statutes-and-state-
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`regulations-california-sip (most recent approved SIP revision dated March 21, 2017). This is despite the
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`fact that EPA has approved amendments to the California SIP numerous times since 2017. See, e.g., 84
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`Fed. Reg. 31,864 (Aug. 1, 2019) (final approval of revision to the State of California SIP). As discussed
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`above, the Clean Air Act requires the Administrator to assemble and publish a comprehensive SIP for
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`each state every three years, beginning five years after the November 1990 passage of the Clean Air Act
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`Amendments of 1990. See 42 U.S.C. § 7410(h)(1). As a result, Administrator Wheeler failed to comply
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`with at least his November 2019 obligation to assemble and publish the comprehensive SIP for
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`California. As a result, the published “comprehensive” SIP for California is not available to anyone,
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`including the public. The currently available “comprehensive” SIP for California is missing SIP revisions
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`and, on information and belief, contains superseded SIP provisions that appear to be current to those
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`reviewing the “comprehensive” California SIP. Thus, Administrator Wheeler has frustrated the intended
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`purpose of section 110(h)(1) of the Clean Air Act, 42 U.S.C. § 7410(h)(1), with regard to the California
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`SIP.
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`26.
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`Administrator Wheeler has failed to publish any updates to the “comprehensive” SIP for
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`the State of Arizona since 2018. See https://www.epa.gov/sips-az/epa-approved-statutes-and-regulations-
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`arizona-sip (most recent SIP revision dated February 2018). This is despite the fact that EPA has approved
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`amendments to the Arizona SIP numerous times since 2018. See, e.g., 83 Fed. Reg. 19,631 (June 4, 2018)
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`(final approval of revision to the State of Arizona SIP). As discussed above, the Clean Air Act requires
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`the Administrator to assemble and publish a comprehensive SIP for each state every three years,
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`COMPLAINT FOR DECLARATORY 6
`AND INJUNCTIVE RELIEF
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`Case 3:20-cv-08530-SK Document 1 Filed 12/02/20 Page 8 of 13
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`beginning five years after the November 1990 passage of the Clean Air Act Amendments of 1990. See
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`42 U.S.C. § 7410(h)(1). As a result, Administrator Wheeler failed to comply with at least his November
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`2019 obligation to assemble and publish the comprehensive SIP for Arizona. As a result, the published
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`“comprehensive” SIP for Arizona is not available to anyone, including the public. The currently available
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`“comprehensive” SIP for Arizona is missing SIP revisions and, on information and belief, contains
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`superseded SIP provisions that appear to be current to those reviewing the “comprehensive” Arizona SIP.
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`Thus, Administrator Wheeler has frustrated the intended purpose of section 110(h)(1) of the Clean Air
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`Act, 42 U.S.C. § 7410(h)(1), with regard to the Arizona SIP.
`27.
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`Administrator Wheeler has failed to publish any updates to the “comprehensive” SIP for
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`the State of Nevada since 2014. See https://www.epa.gov/sips-nv/epa-approved-nevada-wide-air-quality-
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`statutes-and-regulations#compiled (most recent SIP revision dated May 2014). This is despite the fact that
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`EPA has approved amendments to the Nevada SIP numerous times since 2014. See, e.g., 84 Fed. Reg.
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`44,699 (Nov. 26, 2019) (final approval of revision to the State of Nevada SIP). As discussed above, the
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`Clean Air Act requires the Administrator to assemble and publish a comprehensive SIP for each state
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`every three years, beginning five years after the November 1990 passage of the Clean Air Act
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`Amendments of 1990. See 42 U.S.C. § 7410(h)(1). As a result, the EPA Administrator failed to comply
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`with at least their November 2016 and November 2019 obligations to assemble and publish the
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`comprehensive SIP for Nevada. As a result, the published “comprehensive” SIP for Nevada is not
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`available to anyone, including the public. The currently available “comprehensive” SIP for Nevada is
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`missing SIP revisions and, on information and belief, contains superseded SIP provisions that appear to
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`be current to those reviewing the “comprehensive” Nevada SIP. Thus, Administrator Wheeler has
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`frustrated the intended purpose of section 110(h)(1) of the Clean Air Act, 42 U.S.C. § 7410(h)(1), with
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`regard to the Nevada SIP.
`28.
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`Furthermore, on information and belief, the published “comprehensive” SIPs for
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`California, Arizona, and Nevada are not comprehensive even to the date of their last publication or
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`addition and are missing certain approved elements of these states’ SIPs. This indicates that the EPA
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`COMPLAINT FOR DECLARATORY 7
`AND INJUNCTIVE RELIEF
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`Case 3:20-cv-08530-SK Document 1 Filed 12/02/20 Page 9 of 13
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`Administrator’s failure to assemble and publish comprehensive SIPs for California, Arizona, and Nevada
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`appear to extend even further into the past than discussed above.
`29.
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`In addition to Administrator Wheeler’s failure to assemble and publish comprehensive
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`SIPs for California, Arizona, and Nevada, Administrator Wheeler has also failed to publish notice in the
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`Federal Register of the availability of the comprehensive SIPs for the states of California, Arizona, and
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`Nevada. The EPA Administrator’s last Federal Register notice indicating the availability of comprehensive
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`SIPs for the states is from November 2013. See 78 Fed. Reg. 71,508 (Nov. 29, 2013) (EPA’s last
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`publication of a notice of the “Availability of Federally-Enforceable State Implementation Plans for All
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`States”). As discussed above, the Clean Air Act requires the Administrator to publish these notices every
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`three years, beginning five years after the November 1990 passage of the Clean Air Act Amendments of
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`1990. See 42 U.S.C. § 7410(h)(1). As a result, the EPA Administrator failed to comply with both their
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`November 2016 and November 2019 obligations to publish notice in the Federal Register of the
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`comprehensive SIPs for California, Arizona, and Nevada. This is yet another way in which the EPA
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`Administrator frustrated the intended purpose of section 110(h)(1) of the Clean Air Act, 42 U.S.C. §
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`7410(h)(1).
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`FIRST CLAIM FOR RELIEF
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`Violation of the Clean Air Act – Failure to Assemble and Publish the
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`Comprehensive California SIP
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`30.
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`OCE repeats and incorporates by reference the allegations in the above paragraphs and all
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`paragraphs of this Complaint.
`31.
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`Administrator Wheeler last provided some updates to California’s “comprehensive” SIP
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`in 2017, despite EPA having approved revisions to the SIP since that time.
`32.
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`On information and belief, the “comprehensive” California SIP is not even
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`comprehensive through the date of this last update.
`33.
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`Administrator Wheeler did not assemble and publish the comprehensive SIP for the State
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`of California in at least November 2019, as he is required to do by the Clean Air Act. See 42 U.S.C. §
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`7410(h)(1).
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`COMPLAINT FOR DECLARATORY 8
`AND INJUNCTIVE RELIEF
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`Case 3:20-cv-08530-SK Document 1 Filed 12/02/20 Page 10 of 13
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`34.
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`Administrator Wheeler therefore has violated Section 110(h)(1) of the Clean Air Act, 42
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`U.S.C. § 7410(h)(1), by failing to timely assemble and publish the comprehensive California SIP.
`35.
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`These violations constitute “failure[s] of the Administrator to perform any act or duty
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`under this chapter which [are] not discretionary with the Administrator,” within the meaning of the
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`Clean Air Act’s citizen suit provision. See 42 U.S.C. § 7604(a)(2). Administrator Wheeler’s violations
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`are ongoing and will continue unless remedied by this Court.
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`SECOND CLAIM FOR RELIEF
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`Violation of the Clean Air Act – Failure to Assemble and Publish the
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`Comprehensive Arizona SIP
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`36.
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`OCE repeats and incorporates by reference the allegations in the above paragraphs and all
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`paragraphs of this Complaint.
`37.
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`Administrator Wheeler last updated the Arizona “comprehensive” SIP in 2018, despite
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`EPA having approved revisions to the SIP since that time.
`38.
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`On information and belief, the “comprehensive” Arizona SIP is not even comprehensive
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`through the date of this last update.
`39.
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`Administrator Wheeler did not assemble and publish the comprehensive SIP for the State
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`of Arizona in at least November 2019, as he is required to do by the Clean Air Act. See 42 U.S.C. §
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`7410(h)(1).
`40.
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`Administrator Wheeler therefore has violated Section 110(h)(1) of the Clean Air Act, 42
`
`U.S.C. § 7410(h)(1), by failing to timely assemble and publish the comprehensive Arizona SIP.
`41.
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`These violations constitute “failure[s] of the Administrator to perform any act or duty
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`under this chapter which [are] not discretionary with the Administrator,” within the meaning of the
`
`Clean Air Act’s citizen suit provision. See 42 U.S.C. § 7604(a)(2). Administrator Wheeler’s violations
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`are ongoing and will continue unless remedied by this Court.
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`COMPLAINT FOR DECLARATORY 9
`AND INJUNCTIVE RELIEF
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`2
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`Case 3:20-cv-08530-SK Document 1 Filed 12/02/20 Page 11 of 13
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`THIRD CLAIM FOR RELIEF
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`Violation of the Clean Air Act – Failure to Assemble and Publish the
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`Comprehensive Nevada SIP
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`42.
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`OCE repeats and incorporates by reference the allegations in the above paragraphs and all
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`paragraphs of this Complaint.
`43.
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`The EPA Administrator last updated Nevada’s “comprehensive” SIP in 2014, despite
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`EPA having approved revisions to the SIP since that time.
`44.
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`On information and belief, the “comprehensive” Nevada SIP is not even comprehensive
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`through the date of this last update.
`45.
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`The EPA Administrator did not assemble and publish the comprehensive SIP for the
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`State of Nevada in at least November 2016 and November 2019, as the Administrator is required to do
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`by the Clean Air Act. See 42 U.S.C. § 7410(h)(1).
`46.
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`The EPA Administrator therefore violated Section 110(h)(1) of the Clean Air Act, 42
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`U.S.C. § 7410(h)(1), by failing to timely assemble and publish the comprehensive Nevada SIP.
`47.
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`These violations constitute “failure[s] of the Administrator to perform any act or duty
`
`under this chapter which [are] not discretionary with the Administrator,” within the meaning of the
`
`Clean Air Act’s citizen suit provision. See 42 U.S.C. § 7604(a)(2). The EPA Administrator’s violations
`
`are ongoing and will continue unless remedied by this Court.
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`FOURTH CLAIM FOR RELIEF
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`Violation of the Clean Air Act – Failure to Publish Notice in the Federal Register of the
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`Comprehensive SIPs for California, Arizona, and Nevada
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`48.
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`OCE repeats and incorporates by reference the allegations in the above paragraphs and all
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`paragraphs of this Complaint.
`49.
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`The EPA Administrator last published notice in the Federal Register of the availability of
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`comprehensive SIPs for every state, including California, Arizona, and Nevada, on November 29, 2013.
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`See 78 Fed. Reg. 71,508.
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`COMPLAINT FOR DECLARATORY 10
`AND INJUNCTIVE RELIEF
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`1
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`2
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`3
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`4
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`5
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`6
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`Case 3:20-cv-08530-SK Document 1 Filed 12/02/20 Page 12 of 13
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`50.
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`The EPA Administrator did not publish notice in the Federal Register of the
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`comprehensive SIPs for the states of California, Arizona, and Nevada, or any other state, in either
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`November 2016 or November 2019, as the Administrator is required to do by the Clean Air Act. See 42
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`U.S.C. § 7410(h)(1).
`51.
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`The EPA Administrator has thus violated Section 110(h)(1) of the Clean Air Act, 42
`
`U.S.C. § 7410(h)(1), by failing to timely publish notice in the Federal Register of the availability of
`
`comprehensive SIPs for California, Arizona, and Nevada.
`52.
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`These violations constitute “failure[s] of the Administrator to perform any act or duty
`
`under this chapter which [are] not discretionary with the Administrator,” within the meaning of the
`
`Clean Air Act’s citizen suit provision. See 42 U.S.C. § 7604(a)(2). Administrator Wheeler’s violations
`
`are ongoing and will continue unless remedied by this Court.
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`REQUEST FOR RELIEF
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`WHEREFORE, OCE respectfully requests that this Court enter judgment providing the
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`following relief:
`A. Pursuant to section 304 of the Clean Air Act, 42 U.S.C. § 7604, declare that Administrator
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`Wheeler has failed to comply with section 110(h)(1) of the Clean Air Act, 42 U.S.C. §
`
`7410(h)(1), by failing to timely assemble and publish comprehensive SIPs for California,
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`Arizona, and Nevada,
`B. Pursuant to section 304 of the Clean Air Act, 42 U.S.C. § 7604, order Administrator Wheeler to
`
`comply with section 110(h)(1) of the Clean Air Act, 42 U.S.C. § 7410(h)(1), by promptly
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`assembling and publishing comprehensive SIPs for California, Arizona, and Nevada on a court-
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`ordered schedule,
`C. Pursuant to section 304 of the Clean Air Act, 42 U.S.C. § 7604, declare that Administrator
`
`Wheeler has failed to comply with section 110(h)(1) of the Clean Air Act, 42 U.S.C. §
`
`7410(h)(1), by failing to timely publish notice in the Federal Register of the availability of
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`comprehensive SIPs for California, Arizona, and Nevada,
`
`COMPLAINT FOR DECLARATORY 11
`AND INJUNCTIVE RELIEF
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`1
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`2
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`3
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`4
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`5
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`6
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`Case 3:20-cv-08530-SK Document 1 Filed 12/02/20 Page 13 of 13
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`D. Pursuant to section 304 of the Clean Air Act, 42 U.S.C. § 7604, order Administrator Wheeler to
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`comply with section 110(h)(1) of the Clean Air Act, 42 U.S.C. § 7410(h)(1), by promptly
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`publishing in the Federal Register notice of the availability of comprehensive SIPs for California,
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`Arizona, and Nevada on a court-ordered schedule,
`E. Pursuant to section 304 of the Clean Air Act, 42 U.S.C. § 7604, order Administrator Wheeler to
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`comply with section 110(h)(1) of the Clean Air Act, 42 U.S.C. § 7410(h)(1), by assembling,
`
`publishing, and publishing notice in the Federal Register of comprehensive SIPs for California,
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`Arizona, and Nevada in November 2022 and every three years thereafter as required by the
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`Clean Air Act,
`F. Pursuant to section 304(d) of the Clean Air Act, 42 U.S.C. § 7604(d), order Administrator
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`Wheeler to pay to OCE its costs of litigation, including reasonable attorney and expert witness
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`fees, and
`G. Award such other and further relief as this Court deems just and proper or such other relief as
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`OCE may subsequently request.
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`RESPECTFULLY SUBMITTED, December 2, 2020.
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`
`
`
`Christopher Sproul (CA Bar No. 126938)
`Environmental Advocates
`5135 Anza Street
`San Francisco, CA 94121
`(415) 533-3376
`csproul@enviroadvocates.com
`Attorney for Our Children’s Earth Foundation
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`COMPLAINT FOR DECLARATORY 12
`AND INJUNCTIVE RELIEF
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