State of California et al v. United States of America et al

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Joint Stip. and Order Modifying MTD Deadlines and Hearing Date (4:25-cv-04966-HSG)
ROB BONTA
Attorney General of California
M YUNG J. P ARK
Supervising Deputy Attorney General
KATHERINE GAUMOND , State Bar No. 349453
C AITLAN M C LOON, State Bar No. 302798
C ECILIA D. S EGAL, State Bar No. 310935
EMMANUELLE S. S OICHET, State Bar No. 290754
M. ELAINE M ECKENSTOCK, State Bar No. 268861
Deputy Attorney General
1515 Clay Street, 20th Floor
P.O. Box 70550
Oakland, CA 94612-0550
Telephone: (510) 879-0299
Fax: (510) 622-2270
E-mail: Elaine.Meckenstock@doj.ca.gov
Attorneys for Plaintiff State of California
(additional counsel on signature pages)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
STATE OF CALIFORNIA, STATE OF
COLORADO, STATE OF DELAWARE,
COMMONWEALTH OF
MASSACHUSETTS, STATE OF NEW
JERSEY, STATE OF NEW MEXICO,
STATE OF NEW YORK, STATE OF
OREGON, STATE OF RHODE ISLAND,
STATE OF VERMONT, and STATE OF
WASHINGTON,
Plaintiffs,
v.
UNITED STATES OF AMERICA, U.S.
ENVIRONMENTAL PROTECTION
AGENCY, LEE ZELDIN, in his official
capacity as Administrator of the U.S.
Environmental Protection Agency, and
DONALD J. TRUMP, in his official capacity
as President of the United States,
Defendants.
Case No. 4:25-cv-04966-HSG
JOINT STIPULATION AND
ORDER TO MODIFY BRIEFING
DEADLINES AND HEARING DATE ON
DEFENDANTS’ MOTION TO DISMISS
(as modified)
Date: January 29, 2026
Time: 2:00 p.m.
Judge: Hon. Haywood S. Gilliam, Jr.
Action filed: June 12, 2025
Case 4:25-cv-04966-HSG Document 184 Filed 12/10/25 Page 1 of 6

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
Joint Stip. and Order Modifying MTD Deadlines and Hearing Date (4:25-cv-04966-HSG)
Pursuant to Civil Local Rules 6-1, 6-2, and 7-12, and this Court’s Standing Orders,
Plaintiffs State of California et al. and Defendants United States et al. (together, “Parties”), acting
by and through their respective counsel, stipulate and respectfully submit as follows:
WHEREAS, Plaintiffs amended their complaint on October 10, 2025, ECF No. 157;
WHEREAS, on October 22, 2025, the Parties filed a stipulation requesting to extend
Defendants’ deadline to respond to the amended complaint and setting a briefing schedule for
Defendants’ anticipated motion to dismiss;
WHEREAS, on October 23, 2025, the Court granted the stipulation and set the following
briefing schedule:
November 17, 2025: United States’ Motion to Dismiss
November 24, 2025: Amici Briefs in Support of Motion to Dismiss
December 23, 2025: Plaintiff States’ Opposition
January 9, 2026: Amici Briefs in Support of Opposition
January 19, 2026: United States’ Reply in Support of Motion to Dismiss
January 29, 2026: Motion Hearing;
WHEREAS, Defendants filed their motion to dismiss the amended complaint on November
17, 2025, ECF No. 172;
WHEREAS, four sets of proposed amici filed motions for leave to file amicus briefs on
November 24, 2025, ECF Nos. 176, 177, 178, 179;
WHEREAS, on December 2, 2025, the Court denied motions to intervene filed by six
additional sets of non-parties and denied requests to file motions to dismiss filed by three sets of
proposed defendant-intervenors, ECF No. 182;
WHEREAS, “to ensure [the denied intervenors receive] an equal opportunity to be heard,”
the Court also extended the deadline for “any Proposed Intervenor who has not already done so to
file a motion for leave to file an amicus brief by December 12, 2025,” id. at 9;
WHEREAS, as a result of the extension, Plaintiffs will have only six working days to
review and determine whether and how to respond to additional amicus briefs before filing their
opposition to Defendants’ motion to dismiss by the current deadline of December 23, 2025;
Case 4:25-cv-04966-HSG Document 184 Filed 12/10/25 Page 2 of 6

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Joint Stip. and Order Modifying MTD Deadlines and Hearing Date (4:25-cv-04966-HSG)
WHEREAS, Plaintiffs reasonably anticipate needing additional time to respond to the
anticipated amicus briefs, in part because their ability to obtain review and approval by all
necessary entities within the 11 Plaintiff States is hampered by the upcoming holidays;
WHEREAS, the Parties have met and conferred, and Defendants do not object to the
revised schedule Plaintiffs proposed, which includes a short extension of Plaintiffs’ deadline to
oppose the motion to dismiss;
WHEREAS, the schedule the Parties now propose continues the hearing date by only two
weeks and preserves the 10-day period between submission of Defendants’ reply brief and the
hearing date;
WHEREAS, as described above, this is the Parties’ second request to modify the briefing
schedule for the motion to dismiss the amended complaint;
NOW, THEREFORE, it is hereby stipulated, subject to this Court’s approval, that:
1. 	Plaintiffs shall file their opposition to Defendants motion to dismiss (ECF No. 172)
no later than January 9, 2026;
2. 	Any motion for leave to file an amicus brief on behalf of Plaintiffs shall be submitted
no later than January 16, 2026;
3. 	Defendants shall file a reply in support of their motion to dismiss no later than
February 2, 2026;
4. 	The hearing on Defendants’ motion to dismiss and on timely filed motions for leave
to file amicus briefs is reset to February 12, 2026 at 2 p.m.
IT IS SO STIPULATED.
Case 4:25-cv-04966-HSG Document 184 Filed 12/10/25 Page 3 of 6

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Joint Stip. and Order Modifying MTD Deadlines and Hearing Date (4:25-cv-04966-HSG)
Dated: December 9, 2025 	Respectfully submitted,
R OB B ONTA
Attorney General of California
M YUNG J. P ARK
Supervising Deputy Attorney General
/s/ M. Elaine Meckenstock
M. ELAINE M ECKENSTOCK
Deputy Attorney General
Attorneys for Plaintiff State of California
PHILIP J. WEISER
Attorney General for the State of Colorado
/s/ Carrie Noteboom
CARRIE NOTEBOOM*
Assistant Deputy Attorney General
1300 Broadway, 10th Floor
Denver, CO 80203
(720) 508-6285
Carrie.noteboom@coag.gov
KATHLEEN JENNINGS
Attorney General of the State of Delaware
By: /s/ Vanessa L. Kassab
IAN R. LISTON
Director of Impact Litigation
RALPH K. DURSTEIN III
VANESSA L. KASSAB*
Deputy Attorneys General
Delaware Department of Justice
820 N. French Street
Wilmington, DE 19801
(302) 683-8899
vanessa.kassab@delaware.gov
ANDREA JOY CAMPBELL
Attorney General for the Commonwealth of
Massachusetts
/s/ Seth Schofield
SETH SCHOFIELD*
Senior Appellate Counsel
JON WHITNEY*
Special Assistant Attorney General
Energy and Environment Bureau
Office of the Attorney General
One Ashburton Place, 18th Flr.
Boston, Mass. 02108
(617) 727-2200
seth.schofield@mass.gov
jon.whitney@mass.gov
MATTHEW J. PLATKIN
Attorney General for the State of New Jersey
/s/ Lisa J. Morell
LISA J. MORELLI
Deputy Attorney General
New Jersey Division of Law
25 Market Street
Trenton, New Jersey 08625
(609) 376-2740
Lisa.Morelli@law.njoag.gov
Case 4:25-cv-04966-HSG Document 184 Filed 12/10/25 Page 4 of 6

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
Joint Stip. and Order Modifying MTD Deadlines and Hearing Date (4:25-cv-04966-HSG)
RAÚL TORREZ
Attorney General for the State of New
Mexico
/s/ William Grantham
WILLIAM GRANTHAM*
Assistant Attorney General
408 Galisteo Street
Santa Fe, New Mexico 87501
(505) 717-3520
wgrantham@nmdoj.gov
LETITIA JAMES
Attorney General for the State of New York
/s/ Ashley M. Gregor
ASHLEY M. GREGOR*
Assistant Attorney General
Environmental Protection Bureau
28 Liberty Street, 19th Floor
New York, NY 10005
(212) 416-8454
ashley.gregor@ag.ny.gov
DAN RAYFIELD
Attorney General for the State of Oregon
/s/ Paul Garrahan
PAUL GARRAHAN*
Sr. Assistant Attorney General
Oregon Department of Justice
1162 Court Street NE
Salem, Oregon 97301-4096
(503) 947-4540
Paul.Garrahan@doj.oregon.gov
PETER F. NERONHA
Attorney General for the State of Rhode
Island
/s/ Nicholas M. Vaz
NICHOLAS M. VAZ*
Special Assistant Attorney General
Office of the Attorney General
Chief, Environmental and Energy Unit
150 South Main Street
Providence, Rhode Island 02903
(401) 274-4400 ext. 2297
nvaz@riag.ri.gov
CHARITY R. CLARK
Attorney General for the State of Vermont
/s/ Hannah Yindra
HANNAH YINDRA*
Assistant Attorney General
Office of the Attorney General
109 State Street
Montpelier, VT 05609
(802) 828-3186
Hannah.Yindra@vermont.gov
NICHOLAS W. BROWN
Attorney General for the State of
Washington
/s/ Alexandria Doolittle
ALEXANDRIA K. DOOLITTLE*
Assistant Attorney General
Office of the Attorney General
P.O. Box 40117
Olympia, Washington 98504-0117
(360) 586-6769
Alex.Doolittle@atg.wa.gov
*Admitted pro hac vice
Case 4:25-cv-04966-HSG Document 184 Filed 12/10/25 Page 5 of 6

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7
Joint Stip. and Order Modifying MTD Deadlines and Hearing Date (4:25-cv-04966-HSG)
/s/ Stephen M. Pezzi
STEPHEN M. PEZZI (FL Bar #1041279)
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, NW
Washington, D.C. 20005
Tel: (202) 305-8576
Email: stephen.pezzi@usdoj.gov
ROBERT N. STANDER (DC Bar #1028454)
JEFFREY HUGHES (NY Bar #5367214)
United States Department of Justice
Environment and Natural Resources Division
P.O. Box 7611
Washington, D.C. 20044
Tel: (202) 717-7067 (Stander)
(202) 532-3080 (Hughes)
Email: robert.stander@usdoj.gov
jeffrey.hughes@usdoj.gov
Counsel for the United States
Pursuant to Local Rule 5-1(i), I attest that all signatories to this document concurred in its filing.
/s/ Cecilia D. Segal
Cecilia D. Segal
Counsel for Plaintiff State of California
PURSUANT TO STIPULATION, IT IS SO ORDERED. The hearing on the motion to
dismiss is RESET to February 19, 2026, at 2:00 p.m. The Court further notes that it will
construe all motions for leave to file amicus briefs as administrative motions that will not be set
for hearing.
Dated: 	HON. HAYWOOD S. GILLIAM, JR.
U.S. District Judge
12/10/2025
Case 4:25-cv-04966-HSG Document 184 Filed 12/10/25 Page 6 of 6