Filed Jul 26 2002
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
TRANSPORTATION SOLUTIONS DEFENSE AND EDUCATION FUND; et al.,
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; et al.,
EPA No. 67-Reg. 801.7
SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT; et al.,
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,
Clean Air Act
Before: BROWNING, KOZINSKI and BERZON, Circuit Judges
The court sua sponte consolidates these petitions for review. Petition Nos. 02-70443 and 02-70848 are ordered consolidated.
The court appreciates the parties' thorough briefing of the pending motions, and particularly the efforts made to meet the short deadline for supplemental memoranda. Upon review of the submissions, the urgent motions for stay are granted. The effectiveness of the adequacy finding reported at 67 Fed. Reg. 8017-18 (Feb. 21, 2002) is stayed pending review.
Respondents' cross-motions to dismiss these petitions for lack of standing are referred to the panel that will decide the merits of these petitions.
The court is of the opinion that the merits of these petitions can be decided based on briefing in the parties' stay motions, together with additional supplemental memoranda. Accordingly, the briefing schedule set on June 6, 2002, is vacated. No later than July 31, 2002, the parties shall submit to the court 10 additional copies each of the initial stay motions, the oppositions and crossmotions, the replies, the cross-oppositions, the cross-replies, and the supplemental memoranda regarding the stay motions and motions to dismiss previously filed with the court.
On or before August 9, 2002, petitioners in each petition may file a second supplemental memorandum addressing any additional issues necessary to the resolution of these petitions. On or before August 22, 2002, respondent may also file a second supplemental memorandum addressing any additional issues necessary to the resolution of these petitions.
Each second supplemental memorandum shall not exceed 15 pages of double-spaced text, and 10 copies of each memorandum shall be submitted to the court. All parties on a side are encouraged to join in a single supplemental memorandum to the greatest extent practicable. Cf 9th Cir. R. 28-4.
The parties shall serve and file their supplemental memoranda on each other and with this court using overnight delivery or a similarly expeditions method. The memoranda are due at the court on the dates specified above.
Because any extension of time will likely necessitate recalendaring, Ninth Circuit Rule 31-2.2(a) shall not apply to this appeal and written motions for extensions of time in which to file the briefs will not be granted absent a showing of extraordinary and compelling circumstances.
These consolidated petitions are ordered expedited. The Clerk shall place them schedule them to be heard on the October 7-11, 2002, calendar in San Francisco, California.