Sierra Club et al v. Johnson

Filing 113

STIPULATION AND ORDER TO EXTEND DEADLINE FOR FILING MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS. Signed by Judge Alsup on September 4, 2009. (whalc1, COURT STAFF) (Filed on 9/8/2009)

Case3:08-cv-01409-WHA Document112

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ISA GOLLIN EVANS (MA SB # 200730) (Admitted Pro Hac Vice) Earthjustice 21 Ocean Avenue Marblehead, MA 01945 [phone] [e-mail] JAN HASSELMAN (WSB #29107) (Admitted Pro Hac Vice) Earthjustice 705 Second Avenue, Suite 203 Seattle, WA 98104 [phone] [phone] [FAX] [e-mail] Attorneys for Plaintiffs Sierra Club, Great Basin Resource Watch, Amigos Bravos, and Idaho Conservation League GREGORY C. LOARIE (CSB #215859) Earthjustice 426 - 17th Street, 5th Floor Oakland, CA 94612 [phone] [phone] [FAX] [e-mail] Local Counsel for Plaintiffs

THE HONORABLE WILLIAM H. ALSUP

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) Plaintiffs, ) v. ) ) STEPHEN JOHNSON, et al., ) ) Defendants, ) and ) ) SUPERFUND SETTLEMENTS PROJECT, et al., ) ) Defendant-Intervenors. ) SIERRA CLUB, et al., Case No. 3:08-cv-01409-WHA STIPULATION TO EXTEND DEADLINE FOR FILING MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; [PROPOSED] ORDER

STIPULATION TO EXTEND DEADLINE FOR FILING MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; [PROPOSED] ORDER (Case No. 3:08-cv-01409-WHA) 1

Earthjustice 705 Second Ave., Suite 203 Seattle, WA 98104 [phone]

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Plaintiffs Sierra Club, Great Basin Resource Watch, Amigos Bravos, and Idaho Conservation League and Federal Defendants United States Environmental Protection Agency ("EPA") and United States Department of Transportation ("DOT") hereby agree and stipulate to extend the deadline for filing a motion for an award of attorneys' fees and costs in this matter as follows: 1. On February 25, 2009, this Court issued an order granting in part and denying in

part Plaintiffs' motion for summary judgment, and ordered EPA to publish a notice of classes of facilities for which financial assurance requirements will be first developed under CERCLA Section 108(b), 42 U.S.C. § 9608(b). On July 28, 2009, EPA published in the Federal Register a notice identifying classes of facilities within the hardrock mining industry for which EPA will first develop financial responsibility requirements under CERCLA Section 108(b). 74 Fed. Reg. 37213 (July 28, 2009). On August 5, 2009, the Court granted the Federal Defendants' motion for summary judgment on the remaining issue of EPA's duty to promulgate and impose financial assurance requirements under CERCLA Section 108(b), and dismissed the case. 2. Plaintiffs maintain that, as a result of the Court's February 25, 2009 order and

EPA's subsequent actions, and pursuant to CERCLA's citizen suit provision, 42 U.S.C. § 9659(f), they are entitled to an award of attorneys' fees and other costs from the Federal Defendants in this case. Federal Defendants are still evaluating the Court's orders and retain their right to dispute both (1) Plaintiffs' entitlement to an award of reasonable attorneys' fees and costs and (2) the reasonable amount of such attorneys' fees and costs, if such an award were appropriate. Federal Defendants also enter this stipulation without waiving their right to pursue any appeals. 3. Nonetheless, Plaintiffs and the Federal Defendants believe that it is appropriate

for the parties to attempt to negotiate Plaintiffs' claim for fees and costs first, before seeking resolution from the Court. 4. The Federal Rules of Civil Procedure and the Local Rules of this Court provide

that any motion for attorneys' fees and costs will be filed within 14 days of entry of judgment,
STIPULATION TO EXTEND DEADLINE FOR FILING MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; [PROPOSED] ORDER (Case No. 3:08-cv-01409-WHA) 1
Earthjustice 705 Second Ave., Suite 203 Seattle, WA 98104 [phone]

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nless extended by motion or stipulation. See L.R. 54-6; 6-2. In the commentary accompanying Local Rule 54-6, counsel are advised to seek an extension to this deadline "as expeditiously as possible." Plaintiffs and the Federal Defendants, accordingly, agree that the deadline for 45 filing any motion for attorneys' fees and costs should be extended from 14 days to 90 days from entry of judgment in order to facilitate the discussion of a negotiated agreement. 6. The Federal Defendants agree and stipulate that they will not oppose a motion for 5.

an award of fees on the grounds that Plaintiffs' fee application is not timely under CERCLA, the local rules of this Court, or any other requirement. NOW THEREFORE, Plaintiffs and Federal Defendants, by and through their undersigned counsel, hereby stipulate that any motion for an award of attorneys' fees and costs in this matter 45 must be served and filed within 90 days of entry of judgment.

Respectfully submitted this 1st day of September, 2009. /s/ Jan Hasselman (by permission) JAN HASSELMAN Earthjustice 705 Second Avenue, Suite 203 Seattle, WA 98104 [phone] [phone] [FAX] [e-mail] LISA GOLLIN EVANS Earthjustice 21 Ocean Avenue Marblehead, MA 01945 [phone] [e-mail] Attorneys for Plaintiffs Sierra Club, Great Basin Resource Watch, Amigos Bravos, and Idaho Conservation League

STIPULATION TO EXTEND DEADLINE FOR FILING MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; [PROPOSED] ORDER (Case No. 3:08-cv-01409-WHA) 2

Earthjustice 705 Second Ave., Suite 203 Seattle, WA 98104 [phone]

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REGORY C. LOARIE (CA Bar No. 215859) Earthjustice 426 - 17th Street, 5th Floor Oakland, CA 94612 [phone] [phone] [FAX] [e-mail] Local Counsel for Plaintiffs

JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division /s/ Rochelle L. Russell ROCHELLE L. RUSSELL (Cal. Bar No. 244992) Rochelle L. Russell United States Department of Justice Environment & Natural Resources Division Environmental Defense Section 301 Howard Street, Suite 1050 San Francisco, CA 94105 [phone] [phone] [FAX] [e-mail] Attorney for Federal Defendants

[PROPOSED] ORDER PURSUANT TO THE STIPULATION AS MODIFIED, IT IS SO ORDERED. PURSUANT TO STIPULATION, IT IS SO ORDERED. 4th September DATED this ____ day of ________________, 2009.
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STIPULATION TO EXTEND DEADLINE FOR FILING MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; [PROPOSED] ORDER (Case No. 3:08-cv-01409-WHA) 3

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United States District Court Judge Alsup
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THE HONORABLE WILLIAM H. ALSUP
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