Arc Ecology, et al v United States Maritime Administration, et al

Filing 137

STIPULATION and ORDER Modifying Exhibit A to the Consent Decree signed by Judge Garland E. Burrell, Jr. on 05/17/11. (Benson, A.)

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IGNACIA S. MORENO, Assistant Attorney General
Environment & Natural Resources Division
LESLIE M. HILL, Trial Attorney
MICHELLE R. LAMBERT, Trial Attorney
U.S. Dep’t of Justice, Environmental Defense Section
P.O. Box 23986
Washington, DC 20044-3986
Tel.: [phone]; Fax: [phone]
[e-mail]; [e-mail]

Attorneys for Defendants

MICHAEL E. WALL (Cal. Bar No. 170238)
Natural Resources Defense Council
111 Sutter Street, 20th Fl., San Francisco, CA 94104
Tel.: [phone]; Fax: [phone]
[e-mail]

Attorney for Plaintiffs Arc Ecology, Natural Resources
Defense Council, and San Francisco Baykeeper
KAMALA D. HARRIS, Attorney General of California
CHRISTIANA TIEDEMANN, Supervising Deputy
Attorney General
TARA MUELLER, Deputy Attorney General
1515 Clay Street, 20th Floor
Oakland, CA 94612-0550
Tel: [phone]; Fax: [phone]
[e-mail]; [e-mail]

Attorneys for Plaintiff-Intervenor California Regional
Water Quality Control Board, San Francisco Bay
Region
[Additional Counsel on Signature Page]
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARC ECOLOGY, et al.,

2:07-CV-2320 GEB GGH

Plaintiffs, JOINT STIPULATION AND
and
[PROPOSED] ORDER MODIFYING
EXHIBIT A TO THE CONSENT
CALIFORNIA REGIONAL WATER
DECREE
QUALITY CONTROL BOARD, SAN
FRANCISCO BAY REGION,
Judge: Hon. Garland E. Burrell, Jr.
Plaintiff-Intervenor,
v.
UNITED STATES MARITIME
ADMINISTRATION, et al.,
Defendants.

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Joint Stip. and [Proposed] Order Modifying Exhibit A
No. 2:07-CV-2320 GEB GGH

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WHEREAS, on April 14, 2010, the Court entered a Consent Decree in
this litigation, Consent Decree, Dkt. No. 126;

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WHEREAS, the Consent Decree requires Defendants to remove

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exfoliating and exfoliated paint from above the waterline in dry-dock of 25

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vessels, including all vessels with a Condition Coating #1 or #2, as listed in

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Exhibit A to the Consent Decree, by September 30, 2011, Consent Decree

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¶ 6(b)(1);
WHEREAS, the Nereus is listed in Exhibit A as a vessel with Condition

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Coating #2 and the Thomaston is listed as a vessel with Condition Coating #3;

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WHEREAS, Defendants began the exfoliating and exfoliated paint

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removal process for the Nereus prior to the entry of the Consent Decree and

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have since completed removal of the exfoliating and exfoliated paint from the

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exterior surfaces of the Nereus at the Suisun Bay Reserve Fleet site;

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WHEREAS, the current paint coating condition of the Nereus has

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improved to a Coating Condition #3 and is now less degraded than that of the

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Thomaston, which is now rated as a Coating condition #2;

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WHEREAS, the parties agree that there is good cause to modify Exhibit
A to the Consent Decree by substituting the Thomaston for the Nereus;

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THEREFORE, pursuant to section XIV of the Consent Decree, Plaintiffs

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and Defendants stipulate and agree that Exhibit A to the Consent Decree

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shall be modified to substitute the Thomaston for the Nereus on the list of 25

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vessels to have paint removal conducted in dry-dock pursuant to Paragraph

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6(b)(1) of the Consent Decree, and request that the Court grant such

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modification. The proposed modification to Exhibit A is filed as an

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attachment to this Stipulation.

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//

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//

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Joint Stip. and [Proposed] Order Modifying Exhibit A
No. 2:07-CV-2320 GEB GGH

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Respectfully submitted,

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For Defendants:

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Dated: May 13, 2011

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IGNACIA S. MORENO
Assistant Attorney General

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/s/ Michelle R. Lambert
MICHELLE LAMBERT
LESLIE M. HILL
Trial Attorneys
Environment & Natural Resources Division
Environmental Defense Section
P.O. Box 23986
Washington, DC 20044-3986
Telephone: [phone]
Facsimile: [phone]
E-Mail:
[e-mail]

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BENJAMIN B. WAGNER
United States Attorney for the
Eastern District of California
TODD A. PICKLES
Assistant United States Attorney
501 I Street, suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

For Plaintiffs
Dated: May 13, 2011

/s/ Michael E. Wall (as authorized 5/13/2011)
MICHAEL E. WALL (SBN 170238)
NATURAL RESOURCES DEFENSE
COUNCIL
111 Sutter Street, 20th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
THOMAS CMAR (pro hac vice)
NATURAL RESOURCES DEFENSE
COUNCIL
12 North Riverside Plaza, Suite 2250
Chicago, IL 60606-9997
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
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Joint Stip. and [Proposed] Order Modifying Exhibit A
No. 2:07-CV-2320 GEB GGH

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SCOTT ALLEN (SBN 178925)
LARIVIERE, GRUBMAN & PAYNE
19 Upper Ragsdale Drive, Suite 200
Monterey, CA 93940
Tel.: [phone]; Fax: [phone]
E-Mail: [e-mail]

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DAVID A. NICHOLAS (pro hac vice)
20 Whitney Road
Newton, MA 02460
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Plaintiffs Arc Ecology, San
Francisco Baykeeper, and Natural Resources
Defense Council

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For Plaintiff-Intervenor:

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Dated: May 13, 2011

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/s/ Tara L. Mueller (as authorized 5/13/2011)
CHRISTIANA TIEDEMANN (SBN 105299)
Supervising Deputy Attorney General
TARA L. MUELLER (SBN 161536)
Deputy Attorney General
1515 Clay Street, 20th Floor
P. O. Box 70550
Oakland, CA 94612-0550
Telephone: [phone] (Mueller);
[phone] (Tiedemann)
Facsimile: [phone]
E-mail: [e-mail];
[e-mail]

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Attorneys for Plaintiff Intervenor the
California Regional Water Quality Control
Board, San Francisco Bay Region

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KAMALA D. HARRIS
Attorney General of California

Pursuant to the stipulation of the parties, IT IS SO ORDERED.
Date: 5/17/2011

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_________________________
GARLAND E. BURRELL, JR.
United States District Judge

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DEAC_Sign ature-END:

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Joint Stip. and [Proposed] Order Modifying Exhibit A
No. 2:07-CV-2320 GEB GGH

EXHIBIT A
SBRF NON-RETENTION VESSEL COATING CONDITION SUMMARY
No.

SHIP NAME

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PAN AMERICAN VICTORY
EARLHAM VICTORY
RIDER VICTORY
WINTHROP VICTORY
MISSION SANTA YNEZ
GEN EDWIN D PATRICK
DAWN
TALUGA
H. H. HESS
FLORIKAN
BAY
GEN JOHN POPE
GETTYSBURG
BOLSTER
RECLAIMER
SOLON TURMAN
PRESIDENT
AMERICAN RELIANCE
AMERICAN RACER
THOMASTON
CLAMP
LINCOLN
SPERRY
SAGAMORE
MONTICELLO
NEREUS
GLACIER
MISPILLION
AMBASSADOR
POINT DEFIANCE
ADVENTURER
PONCHATOULA
PYRO
WICHITA
KAWISHIWI
MOUNT HOOD
WABASH (AOR 5)
TULARE
VANCOUVER
PIGEON
HOLLAND
KANSAS CITY
HASSAYAMPA
ROANOKE
WILLAMETTE
MOUNT WASHINGTON
AIDE
AGENT
SHOSHONE
WYMAN

PROGRAM

LOCATION

COAT
COND

Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention
Non-retention

SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF
SBRF

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EXHIBIT A
SBRF NON-RETENTION VESSEL COATING CONDITION SUMMARY
No.

SHIP NAME

PROGRAM

LOCATION

COAT
COND

51 NORTHERN LIGHT
Non-retention
SBRF
3
52 CIMARRON
Non-retention
SBRF
3
53 METEOR
Non-retention
SBRF
4
54 COMET
Non-retention
SBRF
4
55 CAPE BORDA
Non-retention
SBRF
4
56 CAPE BLANCO
Non-retention
SBRF
5
57 CAPE BRETON
Non-retention
SBRF
5
First 25 vessels listed are those vessels which are referenced in paragraph
6(b)(1) of the Consent Decree
Coating Condition Rating:
Major Coating degradation exists where large areas of hull or
topside steel and rust are visible, and at least 25% of coatings
has potential for exfoliation, or there is a substantial
accumulation of exfoliated paint on deck that has potential for
1 being discharged into the water
Moderate coating degradation exists where small areas of hull
or topside steel and rust are visible, and between 5% and 25%
of coatings has potential for exfoliation, or there is a moderate
accumulation of exfoliated paint on deck that has potential for
2 being discharged into the water.
Minor coating degradation exists where rust is beginning to
bleed through coatings at cracks and chips, and less than 5% of
3 coatings has potential for exfoliation.
4 Coatings are intact and within their service life condition
5 Coatings are intact in like ne condition
intact, like-new