But just to make sure the responsibility is clear:

12/21/05: CA makes original request for waiver to EPA

04/02/07: Supreme Court says EPA has authority

04/25/07: CA informs of CA intent to sue after 180 days

I haven’t found the law, but apparently there is a 180-day notice requirement, and in this case, with the fires, it got delayed a little more. So, a few weeks of this is CA, and the rest is the EPA, which must surely win the “Fabian tactics award, government cateogy.”