The Court finds the Delay Rule is beyond the scope of the EPA’s authority and is not in accordance with the Formaldehyde Act. The Court GRANTS Plaintiff’s motion for summary judgment and DENIES the EPA’s cross-motion for summary judgment. Having found that the EPA has acted in excess of its statutory authority and therefore unlawfully under the APA, the Court vacates and sets aside the year-long extension to December 12, 2018 of the compliance deadlines set out by the EPA in the Delay Rule. See 5 U.S.C. § 706(2)(A); see also California Communities Against Toxics v. EPA, 688 F.3d 989, 992 (9th Cir. 2012) (per curiam).
At oral argument on these motions, the parties agreed that should the Court vacate the Delay Rule, the parties would meet and confer to address the timely implementation of the Court’s order. Accordingly, the Court STAYS this order vacating the Delay Rule until such time as the parties can address the timely and effective implementation of the compliance guidelines. The parties shall have until March 9, 2018 at 4:00 p.m. to provide the Court with a joint proposed submission or simultaneous briefing each not to exceed 15 pages to address the timing for lifting the stay and expeditious implementation of the Court’s order.