Coalition for Clean Air, Inc., et al v. VWR International, LLC

Filing 42

CONSENT JUDGMENT; Order to Close this Action, signed by District Judge Lawrence J. O'Neill on 9/11/13. CASE CLOSED(Martin-Gill, S)

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DRINKER BIDDLE & REATH LLP
Adam J. Thurston (Cal. Bar No. 162636)
[e-mail]
1800 Century Park East, Suite 1400
Los Angeles, California 90067
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant and Real Party in Interest
VWR International, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COALITION FOR CLEAN AIR, et al.,

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Case No. 1:12-CV-1569-LJO-BAM

Plaintiff,
CONSENT JUDGMENT
v.

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VWR INTERNATIONAL, LLC, et al.,
Defendant.

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Pursuant to Rules 54 and 58 of the Federal Rules of Civil Procedure, the Court hereby
ORDERS, ADJUDGES AND DECREES as follows:
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Defendant VWR International, LLC (“VWR”) shall install two (2) electric vehicle

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charging stations at its warehousing and distribution facility located at 8711 West Riggin Avenue

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in the City of Visalia (the “Project”). VWR shall make said electric vehicle charging stations

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available to VWR employees and/or customers.

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2.

VWR shall maintain the following features of the Project until June 11, 2022 (10

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years after the Project became operational), unless VWR ceases to own and operate the Project in

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its present form and for its present function prior to that time:

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a. The emergency generator for the Project shall be powered by natural gas and

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include a catalytic converter.

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b. Ninety percent of the truck carriers contracted to service the Project by VWR

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shall be Environmental Protection Agency SmartWay partners, provided

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however, that temporary variances from this percentage due to circumstances

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not created by VWR shall not be a violation of this order.

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c. The Project shall utilize energy efficient interior lighting, i.e., light-emitting

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diodes (“LED”), and T5 and T8 fluorescent lamps, provided, however, that this

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order shall not prohibit VWR from incorporating new or different lighting

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technology that is at least as efficient.

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d. The Project shall utilize energy efficient exterior lighting, i.e., LED, and T5

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and T8 fluorescent lamps, provided, however, that this order shall not prohibit

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VWR from incorporating new or different lighting technology that is at least as

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efficient.

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e. The air conditioning system for the management offices at the Project shall use

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non-chlorofluorocarbon refrigerant.

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f. Cooling for the main warehouse space at the Project shall be provided through

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evaporative coolers rather than air conditioners, provided, however, that this

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order shall not prohibit VWR from incorporating new or different cooling

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technology that is at least as efficient.

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g. The warehouse space at the Project shall incorporate automated airflow and

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ventilation systems designed to minimize need for supplemental heating and

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cooling within the warehouse space.

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h. Forklifts and interior vehicles at the Project shall be electric powered.

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i. The Project shall use a building automation system to control and optimize the

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efficiency of its mechanical systems, including lighting, HVAC, exhaust

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dampers, fans, and ventilation louvers

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j. Interior lights shall incorporate motion sensors that turn them off when not in

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use.
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k. The Project shall incorporate a light colored “cool roof” membrane to reduce

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surface temperature, heat island effect, and heat transfer to the interior of the

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structure.

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l. The landscape design and irrigation system shall be in compliance with LEED

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Silver certification standards to reduce water consumption.

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m. The warehouse shall incorporate water-efficient building design with water

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efficient fixtures and appliances meeting LEED Silver certification standards.

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n. The Project shall have an operational recycling program covering paper,

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corrugated cardboard, glass, plastics and metals.

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o. A bicycle rack shall be provided at the Project for employees who wish to

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bicycle commute.

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p. Five (5) premium car/vanpool spaces shall be provided at the Project.

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3.

Notwithstanding the provisions of paragraph 2, above, this order shall not prohibit

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VWR from incorporating new or different technology at its facility instead of the specific

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technology specified in paragraph 2, provided that is no less efficient than the technology

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specified.

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4.

VWR need not take further action to comply with San Joaquin Valley Air

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Pollution Control District Rule 9510, as incorporated into the California State Implementation

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Plan under the Clean Air Act (42 U.S.C. Section 7604(a)).

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5.

VWR need not take further action to comply with Visalia Municipal Code Section

17.28.040A.

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6.

VWR shall pay no civil penalties.

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7.

Nothing in this judgment shall prohibit VWR from selling, transferring,

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demolishing, rebuilding, or repurposing the Project, in whole or in part, or the real property upon

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which it sits.

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8.

Except as may otherwise be provided by written agreement, each party shall bear

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their own fees and costs.

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/ / /
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9.

This judgment shall be entered by the clerk of the court forthwith. The Clerk is

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directed to close this action.

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IT IS SO ORDERED, ADJUDGED, AND DECREED.

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IT IS SO ORDERED.
Dated:

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/s/ Lawrence J. O’Neill

September 11, 2013

UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:

66h44d

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