United States of America et al v. East Bay Municipal Utility District

Filing 15

ORDER re 14 granting STIPULATION Vacating Stipulated Order for Preliminary Relief. Signed by Judge Claudia Wilken on 2/25/09. (scc, COURT STAFF) (Filed on 2/25/2009)

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JOHN C. CRUDEN Acting Assistant Attorney General Environment and Natural Resources Division U.S. Department of Justice LORI JONAS (Bar # 158268) Senior Attorney Environmental Enforcement Section P.O. Box 7611 Washington, D.C. 20044 [phone] (telephone); [phone] (facsimile) JOSEPH P. RUSSONIELLO (Bar # 44332) United States Attorney Northern District of California CHARLES O'CONNOR (Bar # 56320) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 [phone] (telephone); (415) 436-76748 (facsimile) Attorneys for Plaintiff United States IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION UNITED STATES OF AMERICA, and THE PEOPLE OF THE STATE OF CALIFORNIA ex rel. CALIFORNIA STATE WATER RESOURCES CONTROL BOARD, and CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SAN FRANCISCO BAY REGION, ) CASE NO. C 09-0186 CW ) ) ) ) ) ) ) STIPULATION AND ORDER ) VACATING STIPULATED Plaintiffs, ) ORDER FOR PRELIMINARY RELIEF v. ) ) EAST BAY MUNICIPAL UTILITY ) DISTRICT ) ) Defendant. ) ___________________________________ ) On January 15, 2009, plaintiffs filed a Complaint and a Notice of Lodging, and lodged with the Court a proposed Stipulated Order for Preliminary Relief in the above captioned case. On February 9, 2009, the Court signed and entered the said Stipulated Order for Preliminary Relief (also referred to hereafter as "Stipulated Order"). However, as set forth in the Notice of Lodging, pursuant to 28 C.F.R. § 50.7, the plaintiff United States is required to publish notice of lodging the Stipulated Order in the Federal Register and accept public comment on the proposed Stipulated Order for a period of thirty days before requesting entry of the

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Stipulated Order. After publication of the prescribed notice in the Federal Register, the United States is to inform the Court of its views regarding any comments that may be received and, if it believes that entry of the proposed Stipulated Order remains warranted, the United States will at that time move the Court for entry of the proposed Stipulated Order. Notice of the lodging of the Stipulated Order was published in the Federal Register on January 27, 2009, and comments will be received until February 27, 2009. NOW THEREFORE, IT IS HEREBY STIPULATED by the United States and the defendant East Bay Municipal Utility District, that the Stipulated Order for Preliminary Relief, entered on February 9, 2009, shall be vacated until such time as the required period for public comments is at an end, and the United States informs the Court of its views regarding any such comments and moves the Court for appropriate action. Respectfully submitted, JOHN C. CRUDEN Acting Assistant Attorney General Environment and Natural Resources Division U.S. Department of Justice LORI JONAS Senior Attorney Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, D.C. 20044 [phone] JOSEPH P. RUSSONIELLO United States Attorney Northern District of California /s/ ________________________ CHARLES O'CONNOR Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 [phone] Attorneys for the United States of America Stipulation & Order Vacating Stipulated Order for Preliminary Relief C 09-0186 CW -2-

DATED: February 24, 2009

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EDMUND G. BROWN, JR. Attorney General of the State of California /s/ JOHN DAVIDSON Supervising Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102 [phone] BARG COFFIN LEWIS &TRAPP, LLP /s/ BRIAN S. HAUGHTON, ESQ. 350 California Street, 22nd Floor San Francisco, CA 94104-1435 [phone] Attorneys for East Bay Municipal Utility District

ORDER IT IS SO ORDERED. The Stipulated Order for Preliminary Relief is hereby vacated. DATED: February 25, 2009

CLAUDIA WILKEN United States District Judge

Stipulation & Order Vacating Stipulated Order for Preliminary Relief C 09-0186 CW -3-