Case 4:22-cv-03309-KAW Document 1 Filed 06/07/22 Page 1 of 15
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`
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`Jonathan Evans (Cal. Bar # 247376)
`CENTER FOR BIOLOGICAL DIVERSITY
`1212 Broadway, Suite 800
`Oakland, CA 94612
`Telephone: (510) 844-7100 x318
`Cellphone: (213) 598-1466
`Email: jevans@biologicaldiversity.org
`
`Attorney for Plaintiffs Center for Biological Diversity and
`Center for Environmental Health
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`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`Case No.
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`COMPLAINT FOR DECLARATORY
`AND INJUNCTIVE RELIEF
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`(Clean Air Act, 42 U.S.C. §§ 7401 et seq)
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`CENTER FOR BIOLOGICAL DIVERSITY
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`and
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`CENTER FOR ENVIRONMENTAL
`HEALTH
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`MICHAEL S. REGAN, in his official
`capacity as Administrator of the United States
`Environmental Protection Agency,
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`Plaintiffs,
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`vs.
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`Defendant.
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`INTRODUCTION
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`1.
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`This action is brought under the federal Clean Air Act, 42 U.S.C. §§ 7401–7671q,
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`and seeks to compel the Administrator of the United States Environmental Protection Agency
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`(“EPA”) to carry out his outstanding legal obligations to promulgate Federal Implementation
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`Plans (“FIP”) to address requirements for the 2008 ozone National Ambient Air Quality
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`Standards (“NAAQS”) that apply to nonattainment areas in California and New Hampshire.
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`2.
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`Ozone air pollution has profound effects on human health. EPA found that ozone
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`“posed multiple, serious threats to health” including: worsening respiratory and cardiovascular
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`health, increased likelihood of early death, increased asthma-related hospital admissions,
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`increased likelihood of children developing asthma as adolescents, and lower birthweights and
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`decreased lung function in newborns.1 Individuals particularly sensitive to ozone exposure
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`include older adults, people with heart and lung disease, people who work and exercise outdoors,
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`and children.2
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`3.
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`Ozone is also harmful to vegetation and ecosystems.3 Ozone can be especially
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`harmful to sensitive vegetation—including trees such as the black cherry, quaking aspen, white
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`pine, and ponderosa pine—during the growing season.4 Ozone pollution can also indirectly harm
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`soils, water, wildlife, and their associated ecosystems, leading to diminished clean air and water.5
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`4.
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`Finally, ozone pollution also contributes to the climate crisis, as ozone is a
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`greenhouse gas and ozone pollution also hinders plant growth throughout a plant’s lifecycle,
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`thereby shrinking the carbon sequestration potential of plants.6
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`5.
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`Accordingly, Plaintiffs CENTER FOR BIOLOGICAL DIVERSITY and
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`1 American Lung Association, Ozone, https://www.lung.org/clean-air/outdoors/what-makes-air-unhealthy/ozone
`(last updated Apr. 20, 2020) (summarizing the results of Table 1-1 in EPA, Integrated Science Assessment for Ozone
`and Related Photochemical Oxidants, 1-5 (2013)), EPA/600/R-I0/076F.
`2 78 Fed. Reg. 3086, 3088 (Jan. 15, 2013); see 73 Fed. Reg. 16436, 16440 (Mar. 27, 2008).
`3 EPA, Ecosystem Effects of Ozone Pollution, https://www.epa.gov/ground-level-ozone-pollution/ecosystem-effects-
`ozone-pollution (last updated Mar. 8, 2022).
`4 Id., see also EPA, Integrated Science Assessment for Ozone and Related Photochemical Oxidants, 8-42 (Apr.
`2020), EPA/600/R-20/012.
`5 73 Fed. Reg. 16436, 16486 (Mar. 27, 2008).
`6 Id.; see generally University California Davis, Biological Carbon Sequestration,
`https://climatechange.ucdavis.edu/science/carbon-sequestration/biological/ (last updated Nov. 5, 2021).
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`COMPLAINT FOR DECLARATORY AND
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`CENTER FOR ENVIRONMENTAL HEALTH bring this action against Defendant MICHAEL
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`S. REGAN, in his official capacity as Administrator for the United States EPA, to compel him to
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`perform his mandatory duties to ensure health and public welfare protections promised under the
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`Clean Air Act.
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`JURISDICTION
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`6.
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`This case is a Clean Air Act “citizen suit.” Therefore, the Court has jurisdiction
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`over this action pursuant to 28 U.S.C. § 1331 (federal question jurisdiction) and 42 U.S.C. §
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`7604(a) (Clean Air Act citizen suit).
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`7.
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`An actual controversy exists between the parties. This case does not concern
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`federal taxes, is not a proceeding under 11 U.S.C. § 505 or 11 U.S.C. § 1146, and the case does
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`not involve the Tariff Act of 1930.
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`8.
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`Thus, this Court has jurisdiction to order declaratory relief under 28 U.S.C. §
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`2201. If the Court orders declaratory relief, 28 U.S.C. § 2202 authorizes this Court to issue
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`injunctive relief.
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`9.
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`Plaintiffs gave EPA written notice of intent to sue regarding the claims alleged in
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`NOTICE
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`this Complaint on February 10, 2021, by certified mail.
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`10. More than sixty days have passed since Plaintiffs mailed the notice letter
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`discussed above. EPA has not remedied the violations alleged in this Complaint. Therefore, a
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`present and actual controversy exists between the parties.
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`11.
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`Defendant EPA resides in this judicial district. This civil action is brought against
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`an officer of the United States acting in his official capacity. Some of the claims in this
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`Complaint concern EPA’s failure to perform mandatory duties regarding California. EPA Region
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`9, which is responsible for California, is headquartered in San Francisco. Thus, events and
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`omissions at issue in this action occurred at EPA’s Region 9 headquarters in San Francisco.
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`Additionally, Plaintiff CENTER FOR ENVIRONMENTAL HEALTH resides in Oakland.
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`COMPLAINT FOR DECLARATORY AND
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`Accordingly, venue is proper in this Court pursuant to 28 U.S.C. § 1391(e).
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`INTRADISTRICT ASSIGNMENT
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`12.
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`A substantial part of the events and omissions giving rise to the claims in this case
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`occurred in the County of San Francisco. Accordingly, assignment to the Oakland or San
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`Francisco Division is proper pursuant to Civil L.R. 3-2(c) and (d).
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`PARTIES
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`13.
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`Plaintiff CENTER FOR BIOLOGICAL DIVERSITY is a non-profit 501(c)(3)
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`corporation incorporated in California. The Center for Biological Diversity’s mission is to ensure
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`the preservation, protection, and restoration of biodiversity, native species, ecosystems, public
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`lands and waters, and public health through science, policy, and environmental law. Based on the
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`understanding that the health and vigor of human societies and the integrity and wildness of the
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`natural environmental are closely linked, the Center for Biological Diversity is working to secure
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`a future for animals and plants hovering on the brink of extinction, to protect the ecosystems they
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`need to survive, and for a healthy, livable future for all of us.
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`14.
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`Plaintiff the CENTER FOR ENVIRONMENTAL HEALTH is an Oakland,
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`California based non-profit organization that helps protect the public from toxic chemicals and
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`promotes business products and practices that are safe for public health and the environment.
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`The Center for Environmental Health works in pursuit of a world in which all people live, work,
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`learn, and play in healthy environments.
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`15.
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`Plaintiffs’ members live, work, recreate, travel, and engage in activities
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`throughout the areas at issue in this Complaint and will continue to do so on a regular basis.
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`Pollution in the affected areas threatens and damages, and will continue to threaten and damage,
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`the health and welfare of Plaintiffs’ members. Pollution diminishes Plaintiffs’ members’ ability
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`to enjoy the aesthetic qualities and recreational opportunities of the affected areas.
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`16.
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`Plaintiffs have a member whose work focuses on California deserts including the
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`Mojave Desert. This member is adversely affected by EPA’s failure to issue a FIP for the Los
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`Angeles—San Bernardino Counties (West Mojave Desert), California area.
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`17.
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`Plaintiffs have a member who has lived in Sacramento since the 1990’s and will
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`continue to do so. This member currently lives in the Sacramento Metro (Sacramento) area and
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`he lived in the Sacramento (Yolo-Solano) area for five years. He currently bicycle rides through
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`the greater Sacramento region including the Yolo County area every weekend. Additionally, this
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`member rides his bicycle through Solano County once a year, and the next bicycle trip through
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`Solano County is scheduled for October 1st, 2022. This member is adversely affected by EPA’s
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`failure to issue a FIP for Sacramento Metro (Sacramento) and Sacramento (Yolo-Solano),
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`California areas.
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`18.
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`Plaintiffs have a member who owns a condominium in New Hampshire and
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`spends a significant portion of the year in the state and will continue to do so. He enjoys outdoor
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`activities including hiking in New Hampshire. He is elderly and thus sensitive to ozone. This
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`member is adversely affected by EPA’s failure to issue a FIP for the New Hampshire area.
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`19.
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`EPA’s failure to timely perform the mandatory duties described herein also
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`adversely affects Plaintiffs, as well as their members, by depriving them of procedural protection
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`and opportunities, as well as information that they are entitled to under the Clean Air Act.
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`Furthermore, EPA’s failure to perform its mandatory duties also creates uncertainty for
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`Plaintiffs’ members as to whether they are exposed to excess air pollution.
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`20.
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`Defendant MICHAEL S. REGAN is sued in his official capacity as the
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`Administrator of the United States EPA. In that role, EPA has been charged by Congress with
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`the duty to administer the Clean Air Act, including the mandatory duties at issue in this case.
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`21.
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`The above injuries will continue until the Court grants the relief requested herein.
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`STATUTORY FRAMEWORK
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`22.
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` Congress enacted the Clean Air Act to “speed up, expand, and intensify the war
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`against air pollution in the United States with a view to assuring the air we breathe through the
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`Nation is wholesome once again.” H.R. Rep. No. 1146, 91st Cong., 2d Sess. 1, 1 (1970).
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`23.
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`Commensurate with this goal, Congress authorized the Administrator of the
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`United States EPA to establish NAAQS for “criteria pollutants,” which are air pollutants that
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`“cause or contribute to air pollution which may reasonably be anticipated to endanger public
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`health or welfare.” 42 U.S.C. § 7408(a)(1)(A).
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`24.
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`There are primary and secondary NAAQS. Id. § 7409(a)(1)(A). Primary NAAQS
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`provide for “an adequate margin of safety…to protect the public health,” while secondary
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`NAAQS “protect the public welfare from any known or anticipated adverse effects associated
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`with the presence of such air pollutants in the ambient air.” Id. U.S.C. § 7409(b)(1)-(2).
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`25.
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`After promulgating a new or revised NAAQS, the Administrator determines
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`whether geographic areas are designated nonattainment (areas that do not meet the primary or
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`secondary NAAQS), attainment (areas that meet the primary or secondary NAAQS), or
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`unclassifiable (areas that cannot be classified based on available information). 42 U.S.C. §
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`7407(d)(1)(A).
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`26.
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`States are required to submit State Implementation Plans (“SIPs”) and plan
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`revisions that “provides for the implementation, maintenance, and enforcement” of any NAAQS.
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`42 U.S.C. § 7410(a)(1).
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`27. Within six months of a state submitting a SIP, the Administrator must make a
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`completeness finding. However, if the Administrator does not make a completeness finding
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`within six months of submittal, the plan submission is deemed administratively complete by
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`operation of law. Id. § 7410(k)(1)(B).
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`28.
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`EPA is required to take final action to approve, disapprove, or provide a
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`conditional approval or disapproval within twelve months of a completeness finding for a SIP.
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`Id. § 7410(k)(2)-(3).
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`29. Within two years of EPA finding that a state failed to submit a required SIP or
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`disapproval of a SIP submittal, EPA must promulgate a FIP. Id. § 7410(c).
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`COMPLAINT FOR DECLARATORY AND
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`FACTUAL BACKGROUND
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`A.
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`EPA Violated the Clean Air Act by Failing to Promulgate a FIP for 2008
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`Ozone NAAQS Nonattainment Areas in California and New Hampshire
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`On February 3, 2017, EPA published a final rule which found that fifteen states
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`and the District of Columbia failed to submit SIP “revisions in a timely manner to satisfy certain
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`requirements for the 2008 ozone NAAQS that apply to nonattainment areas...” 82 Fed. Reg.
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`9158, 9158 (Feb. 3, 2017). Further, EPA found, “[t]hese findings of failure to submit establish
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`certain deadlines...for the EPA to promulgate a...FIP to address any outstanding SIP
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`requirements.” Id.
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`31.
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`EPA’s finding became effective on March 6, 2017; therefore, no later than March
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`6, 2019, was the deadline for EPA to fulfill its mandatory duty to promulgate FIPs. Id. More than
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`two years have passed, and EPA has not promulgated FIPs for the nonattainment areas in Los
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`Angeles-San Bernardino Counties (West Mojave Desert), California; Sacramento Metro
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`(Sacramento), California; Sacramento Metro (Yolo-Solano), California; and New Hampshire.
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`32.
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`Therefore, EPA is in violation of its mandatory duties by not promulgating FIPs.
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`Table 1 lists 2008 ozone NAAQS nonattainment SIP elements which EPA has
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`failed to promulgate FIPs for by the Clean Air Act’s statutory deadline.
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`TABLE 1: THE 2008 OZONE NAAQS NONATTAINMENT SIP ELEMENTS FOR
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`NONATTAINMENT AREAS WHICH EPA FAILED TO PROMULGATE FIPS FOR BY DEADLINE
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`Area, State
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`SIP Elements
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`Deadline for
`EPA to
`Promulgate FIP
`• 3/6/20197
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`• Nonattainment New Source
`Review (“NSR”) for Severe 15
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`• Reasonable available control
`technology (“RACT”) Non-
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`• 3/6/20198
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`A. Los Angeles—San
`Bernardino
`Counties (West
`Mojave Desert),
`California
`Sacramento Metro
`(Sacramento),
`California
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`B.
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`7 See 82 Fed. Reg. 9158, 9161 (Feb. 3, 2017).
`8 Id.
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`COMPLAINT FOR DECLARATORY AND
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`Case 4:22-cv-03309-KAW Document 1 Filed 06/07/22 Page 8 of 15
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`Area, State
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`SIP Elements
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`Deadline for
`EPA to
`Promulgate FIP
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`Control Techniques (“CTG”)
`Volatile Organic Compounds
`(“VOC”) for Major Sources
`• RACT NOx for Major Sources
`• RACT VOC CTG Aerospace
`• RACT VOC CTG Auto and
`Light-Duty Truck Assembly
`Coatings (2008)
`• RACT VOC CTG Bulk Gasoline
`Plants
`• RACT VOC CTG Equipment
`Leaks from Natural Gas/Gasoline
`Processing Plants
`• RACT VOC CTG Factory
`Surface Coating of Flat Wood
`Paneling
`• RACT VOC CTG Fiberglass
`Boat Manufacturing Materials
`(2008)
`• RACT VOC CTG Flat Wood
`Paneling Coatings (2006)
`• RACT VOC CTG Flexible
`Packaging Printing Materials
`(2006)
`• RACT VOC CTG Fugitive
`Emissions from Synthetic
`Organic Chemical Polymer and
`Resin Manufacturing Equipment
`• RACT VOC CTG Graphic Arts -
`Rotogravure and Flexography
`• RACT VOC CTG Industrial
`Cleaning Solvents (2006)
`• RACT VOC CTG Large
`Appliance Coatings (2007)
`• RACT VOC CTG Large
`Petroleum Dry Cleaners
`• RACT VOC CTG Leaks from
`Gasoline Tank Trucks and Vapor
`Collection Systems
`• RACT VOC CTG Leaks from
`Petroleum Refinery Equipment
`• RACT VOC CTG Lithographic
`Printing Materials and Letterpress
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`COMPLAINT FOR DECLARATORY AND
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`Case 4:22-cv-03309-KAW Document 1 Filed 06/07/22 Page 9 of 15
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`Area, State
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`SIP Elements
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`Deadline for
`EPA to
`Promulgate FIP
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`Printing Materials (2006)
`• RACT VOC CTG Manufacture of
`High-Density Polyethylene,
`Polypropylene, and Polystyrene
`Resins
`• RACT VOC CTG Manufacture of
`Pneumatic Rubber Tires
`• RACT VOC CTG Manufacture of
`Synthesized Pharmaceutical
`Products
`• RACT VOC CTG Metal
`Furniture Coatings (2007)
`• RACT VOC CTG Miscellaneous
`Industrial Adhesives (2008)
`• RACT VOC CTG Miscellaneous
`Metal Products Coatings (2008)
`• RACT VOC CTG Paper, Film,
`and Foil Coatings (2007)
`• RACT VOC CTG Petroleum
`Liquid Storage in External
`Floating Roof Tanks
`• RACT VOC CTG Refinery
`Vacuum Producing Systems,
`Wastewater Separators, and
`Process Unit Turnarounds
`• RACT VOC CTG Synthetic
`Organic Chemical Manufacturing
`Industry (“SOCMI”) Air
`Oxidation Processes
`• RACT VOC CTG SOCMI
`Distillation and Reactor Processes
`• RACT VOC CTG
`Shipbuilding/repair
`• RACT VOC CTG Solvent Metal
`Cleaning
`• RACT VOC CTG Stage I Vapor
`Control Systems—Gasoline
`Service Stations
`• RACT VOC CTG Storage of
`Petroleum Liquids in Fixed Roof
`Tanks
`• RACT VOC CTG Surface
`Coating for Insulation of Magnet
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`Case 4:22-cv-03309-KAW Document 1 Filed 06/07/22 Page 10 of 15
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`Area, State
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`SIP Elements
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`Deadline for
`EPA to
`Promulgate FIP
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`Wire
`• RACT VOC CTG Surface
`Coating of Automobiles and
`Light-Duty Trucks
`• RACT VOC CTG Surface
`Coating of Cans
`• RACT VOC CTG Surface
`Coating of Coils
`• RACT VOC CTG Surface
`Coating of Fabrics
`• RACT VOC CTG Surface
`Coating of Large Appliances
`• RACT VOC CTG Surface
`Coating of Metal Furniture
`• RACT VOC CTG Surface
`Coating of Miscellaneous Metal
`Parts and Products
`• RACT VOC CTG Surface
`Coating of Paper
`• RACT VOC CTG Tank Truck
`Gasoline Loading Terminals
`• RACT VOC CTG Use of Cutback
`Asphalt
`• RACT VOC CTG Wood
`Furniture
`
`• RACT VOC CTG Bulk Gasoline
`Plants
`• RACT VOC CTG Fiberglass
`Boat Manufacturing Materials
`(2008)
`• RACT VOC CTG Industrial
`Cleaning Solvents (2006)
`• RACT VOC CTG Leaks from
`Gasoline Tank Trucks and Vapor
`Collection Systems
`• RACT VOC CTG Miscellaneous
`Metal Products Coatings (2008)
`• RACT VOC CTG Petroleum
`Liquid Storage in External
`
`• 3/6/20199
`
`C.
`
`Sacramento Metro
`(Yolo-Solano),
`California
`
`
`
`9 See 82 Fed. Reg. 9158, 9161 (Feb. 3, 2017).
`
`
`9
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`
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`COMPLAINT FOR DECLARATORY AND
`INJUNCTIVE RELIEF
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`1
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`Case 4:22-cv-03309-KAW Document 1 Filed 06/07/22 Page 11 of 15
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`
`
`
`
`Area, State
`
`SIP Elements
`
`Deadline for
`EPA to
`Promulgate FIP
`
`D. New Hampshire
`
`• 3/6/201910
`
`Floating Roof Tanks
`• RACT VOC CTG Solvent Metal
`Cleaning
`• RACT VOC CTG Stage I Vapor
`Control Systems—Gasoline
`Service Stations
`• RACT VOC CTG Surface
`Coating of Miscellaneous Metal
`Parts and Products
`• RACT VOC CTG Tank Truck
`Gasoline Loading Terminals
`• RACT VOC CTG Use of Cutback
`Asphalt
`• RACT Non-CTG VOC for Major
`Sources
`• RACT NOx for Major Sources
`• Non-CTG VOC RACT for Major
`Sources
`• RACT NOx for Major Sources
`• RACT VOC CTG Aerospace
`• RACT VOC CTG Auto and
`Light-Duty Truck Assembly
`Coatings (2008)
`• RACT VOC CTG Bulk Gasoline
`Plants
`• RACT VOC CTG Equipment
`Leaks from Natural Gas/Gasoline
`Processing Plants
`• RACT VOC CTG Factory
`Surface Coating of Flat Wood
`Paneling
`• RACT VOC CTG Fiberglass
`Boat Manufacturing Materials
`(2008)
`• RACT VOC CTG Flat Wood
`Paneling Coatings (2006)
`• RACT VOC CTG Flexible
`Packaging Printing Materials
`(2006)
`
`
`
`10 See 82 Fed. Reg. 9158, 9162 (Feb. 3, 2017).
`
`
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`10
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`
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`COMPLAINT FOR DECLARATORY AND
`INJUNCTIVE RELIEF
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`

`Case 4:22-cv-03309-KAW Document 1 Filed 06/07/22 Page 12 of 15
`
`
`
`
`
`Area, State
`
`SIP Elements
`
`Deadline for
`EPA to
`Promulgate FIP
`
`• RACT VOC CTG Fugitive
`Emissions from Synthetic
`Organic Chemical Polymer and
`• Resin Manufacturing Equipment
`• RACT VOC CTG Graphic Arts—
`Rotogravure and Flexography
`• RACT VOC CTG Industrial
`Cleaning Solvents (2006)
`• RACT VOC CTG Large
`Appliance Coatings (2007)
`• RACT VOC CTG Large
`Petroleum Dry Cleaners
`• RACT VOC CTG Leaks from
`Gasoline Tank Trucks and Vapor
`Collection Systems
`• RACT VOC CTG Leaks from
`Petroleum Refinery Equipment
`• RACT VOC CTG Manufacture of
`High-Density Polyethylene,
`Polypropylene, and Polystyrene
`Resins
`• RACT VOC CTG Manufacture of
`Pneumatic Rubber Tires
`• RACT VOC CTG Manufacture of
`Synthesized Pharmaceutical
`Products
`• RACT VOC CTG Metal
`Furniture Coatings (2007)
`• RACT VOC CTG Miscellaneous
`Industrial Adhesives (2008)
`• RACT VOC CTG Miscellaneous
`Metal Products Coatings (2008)
`• RACT VOC CTG Paper, Film,
`and Foil Coatings (2007)
`• RACT VOC CTG Petroleum
`Liquid Storage in External
`Floating Roof Tanks
`• RACT VOC CTG Plastic Parts
`Coatings (2008)
`• RACT VOC CTG Refinery
`Vacuum Producing Systems,
`Wastewater Separators, and
`Process Unit Turnarounds
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`11
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`COMPLAINT FOR DECLARATORY AND
`INJUNCTIVE RELIEF
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`

`Case 4:22-cv-03309-KAW Document 1 Filed 06/07/22 Page 13 of 15
`
`
`
`
`
`Area, State
`
`SIP Elements
`
`Deadline for
`EPA to
`Promulgate FIP
`
`• RACT VOC CTG SOCMI Air
`Oxidation Processes
`• RACT VOC CTG SOCMI
`Distillation and Reactor Processes
`• RACT VOC CTG
`Shipbuilding/repair
`• RACT VOC CTG Solvent Metal
`Cleaning
`• RACT VOC CTG Stage I Vapor
`Control Systems—Gasoline
`Service Stations
`• RACT VOC CTG Storage of
`Petroleum Liquids in Fixed Roof
`Tanks
`• RACT VOC CTG Surface
`Coating for Insulation of Magnet
`Wire
`• RACT VOC CTG Surface
`Coating of Automobiles and
`Light-Duty Trucks
`• RACT VOC CTG Surface
`Coating of Cans
`• RACT VOC CTG Surface
`Coating of Coils
`• RACT VOC CTG Surface
`Coating of Fabrics
`• RACT VOC CTG Surface
`Coating of Large Appliances
`• RACT VOC CTG Surface
`Coating of Metal Furniture
`• RACT VOC CTG Surface
`Coating of Miscellaneous Metal
`Parts and Product
`• RACT VOC CTG Surface
`Coating of Paper
`• RACT VOC CTG Tank Truck
`Gasoline Loading Terminals
`• RACT VOC CTG Use of Cutback
`Asphalt
`• RACT VOC CTG Wood
`Furniture
`
`
`
`
`
`
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`12
`
`COMPLAINT FOR DECLARATORY AND
`INJUNCTIVE RELIEF
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`1
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`2
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`3
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`

`Case 4:22-cv-03309-KAW Document 1 Filed 06/07/22 Page 14 of 15
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`
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`CLAIM FOR RELIEF
`
`(Failure to promulgate a FIP to address requirements for the 2008 ozone NAAQS
`
`that apply to nonattainment areas in California and New Hampshire)
`
`Plaintiffs incorporate by reference all paragraphs listed above.
`
`It has been more than two years since the effective date of EPA’s final rule which
`
`34.
`
`35.
`
`found that the states in Table 1 failed to submit SIP element “revisions in a timely manner to
`
`satisfy certain requirements for the 2008 ozone NAAQS that apply to nonattainment areas...” 82
`
`Fed. Reg. 9158, 9158 (Feb. 3, 2017). Further, it has been more than two years since EPA found,
`
`“[t]hese findings of failure to submit establish certain deadlines...for the EPA to promulgate
`
`10
`
`a...FIP to address any outstanding SIP requirements.” Id.
`
`11
`
`36.
`
`EPA has not promulgated a FIP to address the SIP elements for the 2008 ozone
`
`12
`
`NAAQS in nonattainment areas in Los Angeles—San Bernardino Counties (West Mojave
`
`13
`
`Desert), California; Sacramento Metro (Sacramento), California; Sacramento Metro (Yolo-
`
`14
`
`Solano), California; and New Hampshire listed in Table 1. Nor have the States corrected the
`
`15
`
`deficiencies of failure to submit the SIP elements listed in Table 1 and EPA approved the SIP
`
`16
`
`elements submitted to correct the deficiencies of failure to submit the SIP elements listed in
`
`17
`
`Table 1.
`
`18
`
`37.
`
`Accordingly, EPA is in violation of its mandatory duty under 42 U.S.C. §
`
`19
`
`7410(c)(1) to promulgate a FIP for the SIP elements listed in Table 1.
`
`20
`
`21
`
`22
`
`Wherefore, Plaintiffs respectfully request that the Court:
`
`REQUEST FOR RELIEF
`
`38.
`
`Declare that EPA is in violation of the Clean Air Act with regard to its
`
`23
`
`nondiscretionary duty to perform each mandatory duty listed above;
`
`24
`
`39.
`
`Issue a mandatory injunction requiring EPA to perform its mandatory duties by
`
`25
`
`certain dates;
`
`40.
`
`41.
`
`26
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`27
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`28
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`
`
`
`
`
`
`Retain jurisdiction of this matter for purposes of enforcing the Court’s order;
`
`Grant Plaintiffs their reasonable costs of litigation, including attorneys’ and expert
`
`13
`
`COMPLAINT FOR DECLARATORY AND
`INJUNCTIVE RELIEF
`
`

`

`Case 4:22-cv-03309-KAW Document 1 Filed 06/07/22 Page 15 of 15
`
`
`
`fees; and
`
`42.
`
`Grant such other relief as the Court deems just and proper.
`
`Dated: June 7, 2022
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Jonathan Evans
`Jonathan Evans (Cal. Bar # 247376)
`
`CENTER FOR BIOLOGICAL DIVERSITY
`1212 Broadway, Suite 800
`Oakland, CA 94612
`Telephone: (510) 844-7100 x318
`Cellphone: (213) 598-1466
`Email: jevans@biologicaldiversity.org
`
`Attorney for Plaintiffs Center for Biological
`Diversity and Center for Environmental Health
`
`
`
`
`
`14
`
`COMPLAINT FOR DECLARATORY AND
`INJUNCTIVE RELIEF
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`2
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`3
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