Case 4:21-cv-02498-DMR Document 1 Filed 04/07/21 Page 1 of 13
`
`
`
`Jonathan Evans (Cal. Bar No. 247376)
`CENTER FOR BIOLOGICAL DIVERSITY
`1212 Broadway, Suite 800
`Oakland, CA 94612
`Phone: 510-844-7118
`Fax: 510-844-7150
`email: jevans@biologicaldiversity.org
`
`Counsel for Plaintiffs Center for Biological Diversity
`and Center for Environmental Health
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`
`
`Case No._____________
`
`COMPLAINT FOR DECLARATORY
`AND INJUNCTIVE RELIEF
`
`(Clean Air Act, 42 U.S.C. §§ 7401 et.
`seq.)
`
`
`CENTER FOR BIOLOGICAL DIVERSITY
`and CENTER FOR ENVIRONMENTAL
`HEALTH,
`
`
`Plaintiffs,
`
`
` vs.
`
`MICHAEL S. REGAN, in his official capacity
`as Administrator of the United States
`Environmental Protection Agency,
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`
`
`28
`
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
`
`
`

`

`Case 4:21-cv-02498-DMR Document 1 Filed 04/07/21 Page 2 of 13
`
`I. INTRODUCTION
`
`All areas of the country are legally entitled to healthy, clean air. Not all areas have it.
`
`1.
`
`This is a Clean Air Act “deadline” suit against Michael S. Regan, Administrator of the United
`
`States Environmental Protection Agency (EPA), for his failure to protect people, ecosystems,
`
`and wildlife from ozone air pollution generated by the oil and natural gas industry.
`
`2.
`
`Ozone – or smog – is formed when volatile organic compounds and nitrogen oxides react
`
`in the presence of sunlight. Oil and natural gas development is a significant contributor to ozone
`
`problems across the country because the industry is the largest industrial source of volatile
`
`organic compounds that contribute to the formation of ground-level ozone.
`
`3.
`
`Ozone is harmful to human health, causing decreased lung function; increased respiratory
`
`symptoms, emergency room visits, and hospital admissions for respiratory causes; and even
`
`death. Children, people with pre-existing lung and heart diseases such as asthma, older people,
`
`and those that exercise or do manual labor outside, are particularly susceptible.
`
`4.
`
`The Clean Air Act requires EPA to establish health- and welfare-protective National
`
`Ambient Air Quality Standards (NAAQS) to limit the amount of ozone in the outdoor air. Areas
`
`with ozone pollution levels that exceed the standards must clean up their air.
`
`5.
`
`To better protect the public from ozone, EPA promulgated a new ozone NAAQS in 2008.
`
`In response to the 2008 NAAQS, EPA designated several areas that are at issue here as
`
`nonattainment, meaning that the air quality in these areas has ozone pollution that violates the
`
`standard.
`
`6.
`
`Once areas have been designated as nonattainment, they must submit plans, called State
`
`Implementation Plans (SIPs) to reduce ozone pollution. One element of the nonattainment SIPs
`
`for the 2008 ozone NAAQS is the 2016 Reasonably Available Control Technology (RACT)
`
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
`
`
`
`
`
`
`2
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`
`
`28
`
`

`

`Case 4:21-cv-02498-DMR Document 1 Filed 04/07/21 Page 3 of 13
`
`Control Techniques Guidelines (CTG) for the Oil and Natural Gas Industry, which requires oil
`
`and natural gas production facilities to reduce their volatile organic compound emissions.
`
`7.
`
`When a state does make a SIP submission to EPA, the Clean Air Act requires that EPA
`
`review it within specified timeframes. The states listed in Table 1 below submitted
`
`nonattainment SIP elements for the 2016 RACT CTG for the Oil and Natural Gas Industry, but
`
`EPA has not met the deadline to review the submittals and determine whether they meet the
`
`requirements of the Clean Air Act. 42 U.S.C. § 7410(k)(2)-(4).
`
`STATE
`
`Area
`
`TABLE 11
`
`COMPLETENESS
`DATE (no later than)
`
`FINAL ACTION
`DUE DATE
`(no later than)
`
`California
`
`California
`
`
`California
`
`
`
`California
`
`California
`
`Los Angeles –
`South Coast Air
`Basin
`
`Riverside County
`(Coachella
`Valley)
`
`Sacramento
`Metro
`(Sacramento)
`
`San Joaquin
`Valley
`
`Ventura County
`
`6/11/2019
`
`6/11/2020
`
`
`
`6/11/2019
`
`
`
`
`6/11/2020
`
`
`6/11/2019
`
`6/11/2020
`
`
`
`
`
`6/11/2019
`
`6/11/2020
`
`6/11/2019
`
`6/11/2020
`
`
`1 See EPA, Required State Implementation Plan Elements Dashboard,
`https://edap.epa.gov/public/extensions/S4S_Public_Dashboard_2/S4S_Public_Dashboard_2.htm
`l (last visited Apr. 6, 2021); see also EPA, Nat’l Status of Ozone-8Hr (2008) SIP Requirement
`Element: RACT VOC CTG Oil and Natural Gas Industry (2016),
`https://www3.epa.gov/airquality/urbanair/sipstatus/reports/ozone-
`8hr__2008_ract_voc_ctg_oil_and_natural_gas_industry__2016__enbystate.html (last visited
`Apr. 6, 2021).
`
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
`
`
`
`
`
`
`3
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`
`
`28
`
`

`

`Case 4:21-cv-02498-DMR Document 1 Filed 04/07/21 Page 4 of 13
`
`STATE
`
`Area
`
`Illinois
`
`
`
`Chicago-
`Naperville
`
`COMPLETENESS
`DATE (no later than)
`
`FINAL ACTION
`DUE DATE
`(no later than)
`
`7/10/2019
`
`7/10/2020
`
`Accordingly, Plaintiffs the Center for Biological Diversity and the Center for Environmental
`
`Health bring this action against Defendant Michael S. Regan, in his official capacity as EPA
`
`Administrator, to compel him to perform these mandatory duties.
`
`II. JURISDICTION
`
`8.
`
`This case is a Clean Air Act citizen suit. Therefore, the Court has jurisdiction over this
`
`action pursuant to 28 U.S.C. § 1331 (federal question jurisdiction) and 42 U.S.C. § 7604(a).
`
`9.
`
`An actual controversy exists between the parties. This case does not concern federal
`
`taxes, is not a proceeding under 11 U.S.C. §§ 505 or 1146, and does not involve the Tariff Act of
`
`1930. Thus, this Court has authority to order the declaratory relief requested under 28 U.S.C.
`
`§ 2201. If the Court orders declaratory relief, 28 U.S.C. § 2202 authorizes this Court to issue
`
`injunctive relief.
`
`III. NOTICE
`
`10.
`
`Plaintiffs mailed to EPA by certified mail, written notice of intent to sue regarding the
`
`violations alleged in this Complaint. The notice letter was postmarked January 15, 2021. EPA
`
`received it no later than January 25, 2021. More than sixty days have passed since EPA received
`
`the notice letter. EPA has not remedied the violations alleged in this Complaint. Therefore, a
`
`present and actual controversy exists.
`
`
`
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
`
`
`
`
`
`
`4
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`
`
`28
`
`

`

`Case 4:21-cv-02498-DMR Document 1 Filed 04/07/21 Page 5 of 13
`
`IV. VENUE
`
`11.
`
`Venue is proper in this Court under 28 U.S.C. § 1391(e) for several reasons. First,
`
`Defendant EPA resides and performs its official duties in this judicial district. Second, Plaintiff
`
`Center for Environmental Health resides in this judicial district. Third, a substantial part of the
`
`events or omissions giving rise to the claims in this case occurred in the Northern District of
`
`California. Several of the claims concern EPA’s failure to perform mandatory duties related to
`
`California. EPA Region 9, which is responsible for California, is headquartered in San
`
`Francisco. Thus, a substantial part of the events and omissions at issue in this action occurred at
`
`EPA’s Region 9 headquarters in San Francisco.
`
`12.
`
`Pursuant to Civil L.R. 3-2(c), (d), this case is properly assigned to the San Francisco or
`
`Oakland Division of this Court because a substantial part of the events and omissions giving rise
`
`to the claims in this case occurred in the County of San Francisco.
`
`V. PARTIES
`
`13.
`
`Plaintiff the CENTER FOR BIOLOGICAL DIVERSITY is a non-profit 501(c)(3)
`
`corporation incorporated and existing under the laws of the state of California, with its main
`
`California office in Oakland. The Center for Biological Diversity has approximately 84,000
`
`members throughout the United States and the world. The Center for Biological Diversity’s
`
`mission is to ensure the preservation, protection, and restoration of biodiversity, native species,
`
`ecosystems, public lands and waters, and public health through science, policy, and
`
`environmental law. Based on the understanding that the health and vigor of human societies and
`
`the integrity and wildness of the natural environment are closely linked, the Center for
`
`Biological Diversity is working to secure a future for animals and plants hovering on the brink of
`
`extinction, for the ecosystems they need to survive, and for a healthy, livable future for all of us.
`
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
`
`
`
`
`
`
`5
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`
`
`28
`
`

`

`Case 4:21-cv-02498-DMR Document 1 Filed 04/07/21 Page 6 of 13
`
`14.
`
`The Center for Biological Diversity’s members enjoy, on an ongoing basis, the
`
`biological, scientific, research, educational, conservation, recreational, and aesthetic values of
`
`the regions at issue in this action.
`
`15.
`
`Plaintiff the CENTER FOR ENVIRONMENTAL HEALTH is a nonprofit corporation
`
`organized and existing under the laws of the state of California, with its headquarters located in
`
`Oakland. The Center for Environmental Health protects the public from toxic chemicals by
`
`working with communities, consumers, workers, government, and the private sector to demand
`
`and support business practices that are safe for public health and the environment. The Center
`
`for Environmental Health works in pursuit of a world in which all people live, work, learn, and
`
`play in healthy environments.
`
`16.
`
`Plaintiffs’ members live, work, recreate, travel, and engage in other activities throughout
`
`the areas at issue in this complaint and will continue to do so on a regular basis. Ozone and
`
`volatile organic compound pollution in the affected areas threatens and damages, and will
`
`continue to threaten and damage, the health and welfare of Plaintiffs’ members, as well as their
`
`ability to engage in and enjoy their other activities. Ozone and volatile organic compound
`
`pollution diminishes Plaintiffs’ members’ ability to enjoy the aesthetic qualities and recreational
`
`opportunities of the affected areas.
`
`17.
`
`The acts and omissions of EPA alleged here harm Plaintiffs’ members by prolonging
`
`poor air quality conditions that adversely affect or threaten their health, and by nullifying or
`
`delaying measures and procedures mandated by the Act to protect their health from ozone and
`
`volatile organic compound pollution in places where they live, work, travel, and recreate.
`
`18.
`
`The acts and omissions of EPA alleged here further harm Plaintiffs’ members’ welfare
`
`interest in using and enjoying the natural environment. Acute and chronic exposures to ozone
`
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
`
`
`
`
`
`
`6
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`
`
`28
`
`

`

`Case 4:21-cv-02498-DMR Document 1 Filed 04/07/21 Page 7 of 13
`
`lead to foliar injury, decreased photosynthesis, and decreased growth of vegetation, thus harming
`
`Plaintiffs’ members’ recreational and aesthetic interests.
`
`19.
`
`EPA’s failure to timely perform the mandatory duties described herein also adversely
`
`affects Plaintiffs, as well as their members, by depriving them of procedural protection and
`
`opportunities, as well as information that they are entitled to under the Clean Air Act and which
`
`they would use in their work. The failure of EPA to perform the mandatory duties creates
`
`uncertainty for Plaintiffs’ members as to whether they are exposed to excess air pollution.
`
`20.
`
`The above injuries will continue until the Court grants the relief requested herein. A
`
`court order requiring EPA to promptly undertake its mandatory duties would redress Plaintiffs’
`
`and Plaintiffs’ members’ injuries.
`
`21.
`
`Defendant MICHAEL S. REGAN is the Administrator of the EPA. In that role
`
`Administrator Regan has been charged by Congress with the duty to administer the Clean Air
`
`Act, including the mandatory duties at issue in this case. Administrator Regan is also charged
`
`with overseeing all EPA regional offices including EPA Region 9, which has responsibility for
`
`California and is headquartered in San Francisco.
`
`VI. FACTUAL BACKGROUND: OZONE
`
`22.
`
`This case involves EPA’s failure to timely implement the national ambient air quality
`
`standards for ozone. While ozone is critical for the protection of the Earth when it is in the
`
`stratosphere, at ground level, ozone, the chief component of smog, is a dangerous air pollutant
`
`that causes a variety of adverse impacts. EPA, Ground-Level Ozone Basics,
`
`https://www.epa.gov/ground-level-ozone-pollution/ground-level-ozone-basics#wwh (last visited
`
`Apr. 6, 2021). Ozone is not normally directly emitted. Id. Rather, it is formed in the ambient
`
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
`
`
`
`
`
`
`7
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`
`
`28
`
`

`

`Case 4:21-cv-02498-DMR Document 1 Filed 04/07/21 Page 8 of 13
`
`air from a reaction between volatile organic compounds and nitrogen oxides in the presence of
`
`sunlight. Id.
`
`23.
`
` According to EPA, based on exhaustive scientific review, ozone pollution causes
`
`decreased lung function; increased respiratory symptoms, emergency department visits, and
`
`hospital admissions for respiratory causes; and even death. NAAQS for Ozone, 73 Fed. Reg.
`
`16,436, 16,436 (Mar. 27, 2008).
`
`24.
`
`Those most at risk from ozone pollution are children; active people, e.g., runners and
`
`people who do manual labor outside; people with pre-existing lung and heart diseases such as
`
`asthma; and older people. Id. at 16,440.
`
`25.
`
`Ozone also damages vegetation, both native and commercial crops. Id. at 16,485-486.
`
`Damage to native vegetation results in ecosystem damage, including diminished ecosystem
`
`services, that is, the life sustaining services that ecosystems provide to people for free, such as
`
`clean air, clean water, and carbon sequestration. Id.
`
`26.
`
`Oil and natural gas development contributes to persistent ozone problems across the
`
`country. As the United States has increased its production of oil and natural gas, emissions of
`
`volatile organic compounds have also increased. According to EPA, the oil and natural gas
`
`industry is now the largest industrial source of emissions of volatile organic compounds, which
`
`contribute to the formation of ground-level ozone. EPA, Controlling Air Pollution from the Oil
`
`and Natural Gas Industry: Basic Information about Oil and Natural Gas Air Pollution
`
`Standards, https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry/basic-
`
`information-about-oil-and-natural-gas (last accessed Apr. 6, 2021).
`
`
`
`
`
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
`
`
`
`
`
`
`8
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`
`
`28
`
`

`

`Case 4:21-cv-02498-DMR Document 1 Filed 04/07/21 Page 9 of 13
`
`VII. STATUTORY AND REGULATORY BACKGROUND
`
`27.
`
`Congress enacted the Clean Air Act “to protect and enhance the quality of the Nation’s
`
`air resources so as to promote the public health and welfare and the productive capacity of its
`
`population.” 42 U.S.C. § 7401(b)(1). In so enacting, Congress wanted to “speed up, expand,
`
`and intensify the war against air pollution in the United States with a view to assure that the air
`
`we breathe throughout the Nation is wholesome once again.” H.R. Rep. No. 1146, 91st Cong.,
`
`2d Sess. 1,1, 1970 U.S. Code Cong. & Admin. News 5356, 5356 (emphasis added).
`
`28.
`
`Central to the Act is the requirement that EPA establish national ambient air quality
`
`standards (NAAQS) for certain widespread air pollutants that endanger public health and
`
`welfare, referred to as “criteria pollutants.” 42 U.S.C. §§ 7408-09. One criteria pollutant is
`
`ozone. See 40 C.F.R. §§ 50.9, 50.10, 50.15, 50.19.
`
`29.
`
`The NAAQS establish allowable concentrations of criteria pollutants in ambient air, i.e.,
`
`outdoor door. Primary standards must be stringent enough to protect public health. 42 U.S.C.
`
`§ 7409(b)(1). Secondary standards must be stringent enough to protect public welfare,
`
`including, but not limited to, effects on soils, water, vegetation, manmade materials, wildlife,
`
`visibility (i.e., haze), climate, damage to property, economic impacts, and effects on personal
`
`comfort and well-being. Id. §§ 7409(b)(2), 7602(h).
`
`30.
`
`After EPA sets or revises a standard, the Clean Air Act requires EPA to take steps to
`
`implement the standard. Within two years of revising a standard, EPA must “designate” areas as
`
`not meeting the standard, known as “nonattainment,” or as meeting the standard, known as
`
`“attainment.” Id. § 7407(d)(1)(A)-(B).
`
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
`
`
`
`
`
`
`9
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`
`
`28
`
`

`

`Case 4:21-cv-02498-DMR Document 1 Filed 04/07/21 Page 10 of 13
`
`31.
`
`Under the Clean Air Act, each state is required to submit state implementation plans to
`
`ensure that each NAAQS will be achieved, maintained, and enforced. Without such plans, the
`
`public is not afforded full protection against the harmful impacts of air pollution.
`
`32.
`
`For each area designated as “nonattainment,” states must develop a plan to attain the
`
`NAAQS. These plans, which must be submitted to EPA, are called State Implementation Plans
`
`(SIPs). See id. §§ 7410(a)(2)(I), 7501 – 7509a, 7511 – 7511f.
`
`33.
`
`If and when a state does submit a SIP to EPA, EPA has six months to determine whether
`
`the submittal is administratively complete. Id. § 7410(k)(1)(B). If EPA does not make such a
`
`finding, the SIP submittal is “deemed by operation of law” to meet the minimum requirements of
`
`the Clean Air Act. Id. EPA then has one year from either an affirmative determination or a
`
`determination deemed by operation of law to approve or disapprove the SIP submittal in full in
`
`or in part. Id. § 7410(k)(2)-(4).
`
`VIII. FACTUAL BACKGROUND: FAILURE TO APPROVE OR DISAPPROVE SIP
`
`34.
`
`In 2008, EPA strengthened the primary and secondary ozone NAAQS from 0.08 to 0.075
`
`parts per million (ppm). NAAQS for Ozone, 73 Fed. Reg. at 16,436.
`
`35.
`
`EPA made attainment and nonattainment designations for the 2008 ozone NAAQS
`
`effective July 20, 2012. See Air Quality Designations for the 2008 Ozone NAAQS, 77 Fed. Reg.
`
`30,088 (May 21, 2012); see also Air Quality Designations for the 2008 Ozone NAAQS for
`
`Several Counties in Illinois, Indiana, and Wisconsin; Corrections to Inadvertent Errors in Prior
`
`Designations, 77 Fed. Reg. 34,221 (June 11, 2012).
`
`36.
`
`EPA designated all of the areas listed in Table 1 as nonattainment. Id.
`
`37.
`
`One element of the nonattainment state implementation plans for the 2008 ozone
`
`NAAQS is the RACT CTG for the Oil and Natural Gas Industry (2016) (EPA-453/B-16-11),
`
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
`
`
`
`
`
`
`10
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`
`
`28
`
`

`

`Case 4:21-cv-02498-DMR Document 1 Filed 04/07/21 Page 11 of 13
`
`which was due to EPA by no later than October 27, 2018. See Release of Final CTG for the Oil
`
`and Natural Gas Industry, 81 Fed. Reg. 74,798, 74,799 (Oct. 27, 2016); see also EPA, Required
`
`State Implementation Plan Elements Dashboard,
`
`https://edap.epa.gov/public/extensions/S4S_Public_Dashboard_2/S4S_Public_Dashboard_2.htm
`
`l (last visited Apr. 6, 2021). The RACT CTG for the Oil and Natural Gas Industry requires oil
`
`and natural gas production facilities, like well pads, to reduce their emissions of volatile organic
`
`compounds in areas that have an ozone pollution problem.
`
`38.
`
`Table 1 lists the areas that have submitted Oil and Natural Gas Industry RACT CTG SIP
`
`submittals for the 2008 ozone NAAQS. It has been more than 12 months since these submittals
`
`were found administratively complete by EPA or deemed administratively complete by
`
`operation of law. Yet, EPA has not taken final action approving or disapproving, in full or part,
`
`these submittals. Therefore, EPA is in violation of its mandatory duty to take final action to
`
`approve or disapprove, in full or part, the submittals listed in Table 1.
`
`IX. CLAIMS FOR RELIEF
`
`CLAIM ONE
`
`(Failure to Take Final Action on State Implementation Plan Submissions.)
`
`39.
`
`Plaintiffs incorporate by reference all paragraphs listed above.
`
`40.
`
`The states listed in Table 1 submitted nonattainment SIP elements for the 2016 RACT
`
`CTG for the Oil and Natural Gas Industry for the nonattainment areas listed in Table 1 above.
`
`41.
`
`Each area’s nonattainment SIP element submittals for the 2016 RACT CTG for the Oil
`
`and Natural Gas Industry was deemed administratively complete, either by EPA or by operation
`
`of law, by no later than the dates listed in Table 1.
`
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
`
`
`
`
`
`
`11
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`
`
`28
`
`

`

`Case 4:21-cv-02498-DMR Document 1 Filed 04/07/21 Page 12 of 13
`
`42.
`
`It is more than one year since the nonattainment SIP elements for the 2016 RACT CTG
`
`for the Oil and Natural Gas Industry were deemed administratively complete for each area listed
`
`in Table 1.
`
`43.
`
`For each area listed in Table 1, EPA had a mandatory duty to approve or disapprove the
`
`nonattainment SIP elements for the 2016 RACT CTG for the Oil and Natural Gas Industry.
`
`44.
`
`EPA has not approved or disapproved, either in full or in part, the nonattainment SIP
`
`elements for the 2016 RACT CTG for the Oil and Natural Gas Industry for each area listed in
`
`Table 1.
`
`45.
`
`Therefore, pursuant to 42 U.S.C. § 7410(k)(2)-(4), EPA is in in violation of its mandatory
`
`duty to approve or disapprove the nonattainment SIP elements for the 2016 RACT CTG for the
`
`Oil and Natural Gas Industry for each area listed in Table 1.
`
`RELIEF REQUESTED
`
`Plaintiffs respectfully request that the Court:
`
`A. Declare that the Administrator is in violation of the Clean Air Act with regard to his
`
`failure to perform each mandatory duty listed above;
`
`B. Issue a mandatory injunction requiring the Administrator to perform his mandatory duties
`
`by certain dates;
`
`C. Retain jurisdiction of this matter for purposes of enforcing and effectuating the Court’s
`
`order;
`
`D. Grant Plaintiffs their reasonable costs of litigation, including attorneys’ and experts’ fees;
`
`and
`
`E. Grant such further relief as the Court deems just and proper.
`
`
`
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
`
`
`
`
`
`
`12
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`
`
`28
`
`

`

`Case 4:21-cv-02498-DMR Document 1 Filed 04/07/21 Page 13 of 13
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: April 7, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/s/ Jonathan Evans
`Jonathan Evans (Cal. Bar No. 247376)
`CENTER FOR BIOLOGICAL DIVERSITY
`1212 Broadway, Suite 800
`Oakland, CA 94612
`Phone: 510-844-7118
`Fax: 510-844-7150
`email: jevans@biologicaldiversity.org
`
`Counsel for Plaintiffs
`
`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
`
`
`
`
`
`
`13
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`
`
`
`
`28
`
`