Community Health Watch et al v. Collins Pine Company

Filing 13

ORDER APPROVING PROPOSITION 65 Settlement Based upon Consent Decree: 9 signed by District Judge Troy L. Nunley on 10/27/2015 ORDERING that the Stipulated Consent Decree submitted in this matter is APPROVED and will be entered in accordance with the terms thereof. CASE CLOSED(Reader, L)

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1 2 3 4 5 6 7 Matthew C. Maclear (Bar No. 209228) Jason Flanders (Bar No. 238007) AQUA TERRA AERIS LAW GROUP 7425 Fairmount Ave. El Cerrito, CA 94530 Phone: 415-568-5200 Emails: mcm@atalawgroup.com jrf@atalawgroup.com Attorneys for Plaintiffs COMMUNITY HEALTH WATCH and GLOBAL COMMUNITY MONITOR 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 13 14 COMMUNITY HEALTH WATCH, a California unincorporated association; GLOBAL COMMUNITY MONITOR, a California non-profit corporation, Plaintiffs, 15 16 17 18 19 Civil Case No.: 2:15-cv-00059-TLN-AC ORDER APPROVING PROPOSITION 65 SETTLEMENT BASED UPON CONSENT DECREE (Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq.; California Health and Safety Code §§ 25249.5 et seq.) v. COLLINS PINE COMPANY, a Oregon corporation; and DOES 1-25 Honorable Troy L. Nunley DATE: TIME: DEPT.: Defendants. 20 21 November 5, 2015 2:00 p.m. Courtroom 2, 15th Floor Action Filed: January 8, 2015 22 23 This matter having come on calendar pursuant to a regularly noticed motion and the Court 24 having reviewed all the evidence submitted in support of Plaintiffs’, COMMUNITY HEALTH WATCH 25 and GLOBAL COMMUNITY MONITOR, Motion to Approve and supporting documents, including the 26 proposed Stipulated Consent Decree, attached hereto, the Court hereby makes the following findings, 27 pursuant to Health & Safety Code section 25249.7, subdivision (f)(4): 28 1 ORDER APPROVING PROPOSITION 65 SETTLEMENT BASED UPON CONSENT DECREE 1 2 3 4 5 1. No warning is required and any warning that may be have been required has been satisfied/mooted by the terms of the Stipulated Consent Decree. 2. The attorneys’ fees provisions in the Stipulated Consent Decree are reasonable under California law; and 3. The civil penalty and payments in lieu of civil penalties imposed by the Stipulated Consent 6 Decree are reasonable based on the criteria set forth in Health & Safety Code section 7 25249.7, subdivision (b)(2) and Cal. Code Regs., tit. 11, section 3203, respectively. 8 9 10 IT IS HEREBY ORDERED that the Stipulated Consent Decree submitted in this matter is approved and will be entered in accordance with the terms thereof. 11 12 Dated: October 27, 2015 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 ORDER APPROVING PROPOSITION 65 SETTLEMENT BASED UPON CONSENT DECREE

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