Case 1:20-cv-10642-LJL Document 45 Filed 02/10/21 Page 1 of 5
`Case 1:20-cv-10642-LJL Document 44 Filed 02/09/21 Page 1 of 5
`
`20 Civ. 10642 (LJL)
`(Consolidated)
`
`[PROPOSED]
`STIPULATION AND CONSENT
`ORDER FURTHER
`EXTENDING STAY AND
`EXTENDING INJUNCTION
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`STATE OF NEW YORK, STATE OF
`CALIFORNIA, STATE OF ILLINOIS, STATE
`OF MARYLAND, and STATE OF
`MINNESOTA,
`
`Plaintiffs,
`
`RURAL & MIGRANT MINISTRY, ALIANZA
`NACIONAL DE CAMPESINAS, EL COMITE
`DE APOYO A LOS TRABAJADORES
`AGRÍCOLAS, FARMWORKER ASSOCIATION
`OF FLORIDA, MIGRANT CLINICIANS
`NETWORK, PINEROS Y CAMPESINOS
`UNIDOS DEL NOROESTE, RURAL
`COALITION, UNITED FARM WORKERS, and
`UNITED FARM WORKERS FOUNDATION,
`
`Consolidated Plaintiffs,
`
`-v-
`
`UNITED STATES ENVIRONMENTAL
`PROTECTION AGENCY and JANE NISHIDA,
`in her official capacity as Acting Administrator of
`the United States Environmental Protection
`Agency,1
`
`Defendants.
`
`WHEREAS on December 16, 2020, plaintiffs Rural & Migrant Ministry, Alianza
`
`Nacional de Campesinas, El Comite de Apoyo a Los Trabajadores Agrícolas, Farmworker
`
`Association of Florida, Migrant Clinicians Network, Pineros y Campesinos Unidos del Noroeste,
`
`Rural Coalition, United Farm Workers, and United Farm Workers Foundation (together,
`
`“Organizational Plaintiffs”) filed an action, No. 20 Civ. 10645, asserting claims under the
`
`1 Andrew Wheeler is no longer serving in the office of Administrator of the Environmental
`Protection Agency. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Jane
`Nishida, the Acting Administrator, is automatically substituted.
`
`
`Case 1:20-cv-10642-LJL Document 44 Filed 02/09/21 Page 1 of 5
`
`20 Civ. 10642 (LJL)
`(Consolidated)
`
`[PROPOSED]
`STIPULATION AND CONSENT
`ORDER FURTHER
`EXTENDING STAY AND
`EXTENDING INJUNCTION
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`STATE OF NEW YORK, STATE OF
`CALIFORNIA, STATE OF ILLINOIS, STATE
`OF MARYLAND, and STATE OF
`MINNESOTA,
`
`Plaintiffs,
`
`RURAL & MIGRANT MINISTRY, ALIANZA
`NACIONAL DE CAMPESINAS, EL COMITE
`DE APOYO A LOS TRABAJADORES
`AGRÍCOLAS, FARMWORKER ASSOCIATION
`OF FLORIDA, MIGRANT CLINICIANS
`NETWORK, PINEROS Y CAMPESINOS
`UNIDOS DEL NOROESTE, RURAL
`COALITION, UNITED FARM WORKERS, and
`UNITED FARM WORKERS FOUNDATION,
`
`Consolidated Plaintiffs,
`
`-v-
`
`UNITED STATES ENVIRONMENTAL
`PROTECTION AGENCY and JANE NISHIDA,
`in her official capacity as Acting Administrator of
`the United States Environmental Protection
`Agency,1
`
`Defendants.
`
`WHEREAS on December 16, 2020, plaintiffs Rural & Migrant Ministry, Alianza
`
`Nacional de Campesinas, El Comite de Apoyo a Los Trabajadores Agrícolas, Farmworker
`
`Association of Florida, Migrant Clinicians Network, Pineros y Campesinos Unidos del Noroeste,
`
`Rural Coalition, United Farm Workers, and United Farm Workers Foundation (together,
`
`“Organizational Plaintiffs”) filed an action, No. 20 Civ. 10645, asserting claims under the
`
`1 Andrew Wheeler is no longer serving in the office of Administrator of the Environmental
`Protection Agency. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Jane
`Nishida, the Acting Administrator, is automatically substituted.
`
`
`
`Case 1:20-cv-10642-LJL Document 45 Filed 02/10/21 Page 2 of 5
`Case 1:20-cv-10642-LJL Document 44 Filed 02/09/21 Page 2 of 5
`
`Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. § 136 et seq., and the
`
`Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et seq., challenging a regulation
`
`promulgated by the U.S. Environmental Protection Agency (“EPA”), Pesticides—Agricultural
`
`Worker Protection Standard: Revision of the Application Exclusion Zone Requirements (“2020
`
`Rule”), 85 Fed. Reg. 68,760 (Oct. 30, 2020);
`
`WHEREAS also on December 16, 2020, the states of New York, California, Illinois,
`
`Maryland, and Minnesota (together, “State Plaintiffs”), also filed an action, No. 20 Civ. 10642,
`
`asserting claims challenging the 2020 Rule under the APA;
`
`WHEREAS on December 28, 2020, on the motion of the Organizational Plaintiffs,2 the
`
`Court issued a temporary restraining order (“TRO”) under Fed. R. Civ. P. 65 and a stay under 5
`
`U.S.C. § 705, postponed the effective date of the 2020 Rule until January 11, 2021, directed
`
`further briefing regarding Plaintiffs’ request for a preliminary injunction, and scheduled a
`
`hearing on January 8, 2021, “as to whether the stay and restraining order should be continued
`
`and a preliminary injunction granted or alternatively whether the stay and restraining order
`
`should be lifted and/or modified,” see No. 20 Civ. 10645, Dkt. No. 35;
`
`WHEREAS on December 29, 2020, the Court issued an Opinion and Order granting a
`
`stay pursuant to 5 U.S.C. § 705, “for 14 days, until January 12, 2021,” see No. 20 Civ. 10645,
`
`Dkt. No. 37;
`
`WHEREAS on January 7, 2021, the Court consolidated the cases numbered No. 20 Civ.
`
`10642 and No. 20 Civ. 10645, see Dkt. No. 15;
`
`WHEREAS on January 7, 2021, EPA advised the Court that it had identified an error in
`
`information underlying the 2020 Rule and consented to an extension of the TRO under Fed. R.
`
`2 The State Plaintiffs have not requested interim injunctive relief.
`2
`
`
`
`Case 1:20-cv-10642-LJL Document 45 Filed 02/10/21 Page 3 of 5
`Case 1:20-cv-10642-LJL Document 44 Filed 02/09/21 Page 3 of 5
`
`Civ. P. 65(b)(2), in order to give the agency sufficient time to evaluate the issue and determine
`
`its effect, if any, on the 2020 Rule, see Dkt. No. 17;
`
`WHEREAS on January 8, 2021, the Court further extended the TRO and stay of the
`
`effective date of the 2020 Rule until January 22, 2021, see Dkt. No. 19;
`
`WHEREAS on January 14, 2021, the Court further extended the TRO and stay of the
`
`effective date of the 2020 Rule until January 25, 2021, at 5:00 p.m., see Dkt. No. 30;
`
`WHEREAS on January 19, 2021, EPA and the Organizational Plaintiffs entered a
`
`stipulation, so-ordered by the Court, which, inter alia, extended the stay of the effective date of
`
`the 2020 Rule under 5 U.S.C. § 705 until February 18, 2021, and entered a preliminary
`
`injunction enjoining and restraining EPA from taking any action to make effective the 2020 Rule
`
`before that date, see Dkt. No. 40; and
`
`WHEREAS EPA needs additional time to determine how the agency will proceed with
`
`respect to the 2020 Rule in light of the error, and therefore agrees that a further stay of the
`
`effective date of the 2020 Rule is appropriate until that determination has been made;
`
`NOW, THEREFORE, it is stipulated and agreed, and the Court hereby orders, as follows:
`
`1.
`
`With the consent of the Organizational Plaintiffs and EPA,3 the stay of the
`
`effective date of the 2020 Rule under 5 U.S.C. § 705 shall be further extended through April 19,
`
`2021, and the preliminary injunction shall likewise be extended such that it enjoins and restrains
`
`EPA from taking any action to make effective the 2020 Rule through the same date.
`
`2.
`
`All proceedings in these consolidated actions, including the deadlines to answer
`
`or otherwise respond to the complaints in these consolidated matters, shall be stayed through
`
`April 19, 2021.
`
`3 The State Plaintiffs consent to the relief requested in this Stipulation and Consent Order.
`3
`
`
`
`Case 1:20-cv-10642-LJL Document 45 Filed 02/10/21 Page 4 of 5
`Case 1:20-cv-10642-LJL Document 44 Filed 02/09/21 Page 4 of 5
`
`3.
`
`4.
`
`EPA shall provide a status update by April 12, 2021.
`
`Counsel for EPA will file this Stipulation and Consent Order via ECF on behalf of
`
`EPA and the Organizational Plaintiffs. Pursuant to Section 8.5(b) of the Electronic Case Filing
`
`Rules & Instructions of the U.S. District Court, Southern District of New York, counsel for the
`
`Organizational Plaintiffs consent to the electronic filing of this Stipulation and Consent Order by
`
`counsel for EPA.
`
`5.
`
`The terms of this Stipulation and Consent Order shall become effective upon its
`
`entry by the Court. If the Stipulation and Consent Order is not approved and entered by the
`
`Court, it shall be null and void, with no force or effect.
`
`Dated: February 9, 2021
`
`/s/ Carrie Apfel
`Carrie Apfel
`Earthjustice
`1001 G Street, NW, Suite 1000
`Washington, DC 20001
`capfel@earthjustice.org
`
`Eve Gartner
`Surbhi Sarang
`Kara Goad
`Earthjustice
`48 Wall Street, 19th Floor
`New York, NY 10005
`egartner@earthjustice.org
`ssarang@earthjustice.org
`kgoad@earthjustice.org
`
`Iris Figueroa
`Trent Taylor
`Farmworker Justice
`1126 16th St., NW, Suite LL-101
`Washington, DC 20036
`ifigueroa@farmworkerjustice.org
`ttaylor@farmworkerjustice.org
`
`Counsel for the Organizational Plaintiffs
`
`4
`
`
`
`Case 1:20-cv-10642-LJL Document 45 Filed 02/10/21 Page 5 of 5
`Case 1:20-cv-10642-LJL Document 44 Filed 02/09/21 Page 5 of 5
`
`By:
`
`AUDREY STRAUSS
`United States Attorney for the
`Southern District of New York
`
` /s/ Samuel Dolinger
`SAMUEL DOLINGER
`Assistant United States Attorney
`86 Chambers Street, 3rd Floor
`New York, New York 10007
`Tel.: (212) 637-2677
`E-mail: samuel.dolinger@usdoj.gov
`
`Counsel for Defendants
`
`Dated: February 9, 2021
`
`SO ORDERED:
`
`_____________________________
`HONORABLE LEWIS J. LIMAN
`United States District Judge
`(cid:21)(cid:17)(cid:20)(cid:19)(cid:17)(cid:21)(cid:19)(cid:21)(cid:20)
`Dated: _______________________
`New York, New York
`
`5
`
`
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