Sierra Club v. Jackson

Filing 21

ORDER, 20 STIPULATION WITH PROPOSED ORDER re 19 Initial Case Management Conference set for 12/14/12 is continued 2/22/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 12/14/12. (tfS, COURT STAFF) (Filed on 11/16/2012)

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IGNACIA S. MORENO
Assistant Attorney General
Environment & Natural Resources Division
United States Department of Justice
LESLIE M. HILL (D.C. Bar No. 476008)
[e-mail]
Environmental Defense Section
601 D Street N.W., Suite 8000
Washington D.C. 20004
Telephone [phone]
Facsimile [phone]

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Attorneys for Defendant

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[Additional counsel listed on signature page]
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SIERRA CLUB,
Plaintiff,

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v.
LISA P. JACKSON, in her official capacity
as Administrator of the U.S. Environmental
Protection Agency,

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Case. No.: 3:12-cv-4078-SI
JOINT STIPULATION EXTENDING
TIME FOR DEFENDANTS TO FILE
ANSWER AND TAKING INITIAL
CASE MANAGEMENT
CONFERENCE OFF-CALENDAR
AND [PROPOSED] ORDER

Defendant.
The parties have reached a tentative agreement on the key terms of a proposed

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settlement that would fully resolve this case without further litigation and are currently

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working to memorialize that agreement in a proposed Consent Decree. Undersigned

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counsel will then submit the proposed Consent Decree to their respective parties for final

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approval. Approval of the settlement on behalf of Defendant requires review by the

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appropriate officials of the U.S. Environmental Protection Agency (“EPA”) and the U.S.

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Department of Justice as well as compliance with 40 U.S.C. § 7413(g). Approval of the
JOINT STIPULATION EXTENDING TIME FOR DEFENDANTS TO FILE ANSWER AND TAKING INITIAL CASE
MANAGEMENT CONFERENCE OFF-CALENDAR AND [PROPOSED] ORDER
CASE NO. 3:12-cv-4078-SI

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settlement on behalf of Plaintiff requires review and approval by the Sierra Club’s

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National Litigation Committee.

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Upon approval of the parties, Defendant Lisa Jackson, Administrator of the EPA,

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will lodge a proposed consent decree with the Court. The proposed consent decree

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should not be signed or entered by the Court at that time. Pursuant to section 113(g) of

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the Clean Air Act, 42 U.S.C. § 7413(g), the consent decree is not final and cannot be

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entered by the Court until the EPA Administrator provides “a reasonable opportunity by

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notice in the Federal Register to persons who are not named as parties or intervenors to

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the action” to comment in writing upon the proposed decree. After a reasonable public

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comment period, the EPA Administrator and the Attorney General, as appropriate, must

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promptly consider any written comments received. Id. If the federal government elects

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not to withdraw or withhold consent to the proposed consent decree, EPA will promptly

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file a motion requesting that the Court enter the consent decree.

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Accordingly, the parties stipulate to and request that the Court take the Initial

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Case Management Conference set for December 14, 2012 (Dkt. No. 19) off-calendar in

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light of the tentative agreement. The parties also stipulate and agree that Defendant’s

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time to answer Plaintiff’s Complaint for Declaratory and Injunctive Relief (Dkt. No. 1) is

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extended to and including January 15, 2013.

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JOINT STIPULATION EXTENDING TIME FOR DEFENDANTS TO FILE ANSWER AND TAKING INITIAL CASE
MANAGEMENT CONFERENCE OFF-CALENDAR AND [PROPOSED] ORDER
CASE NO. 3:12-cv-4078-SI

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Respectfully submitted,

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Date: November 14, 2012

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IGNACIA S. MORENO
Assistant Attorney General
Environment and Natural Resources Division

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___________/s/_________________
LESLIE M. HILL (D.C. Bar No. 476008)
U.S. Department of Justice
Environment & Natural Resources Division
Environmental Defense Section
601 D Street N.W., Suite 8000
Washington D.C. 20004
[e-mail]
Telephone [phone]
Facsimile [phone]

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Attorneys for Defendant

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JOINT STIPULATION EXTENDING TIME FOR DEFENDANTS TO FILE ANSWER AND TAKING INITIAL CASE
MANAGEMENT CONFERENCE OFF-CALENDAR AND [PROPOSED] ORDER
CASE NO. 3:12-cv-4078-SI

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Date: November 14, 2012

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/s/ electronic mail authorization 11/14/12
JAMES N. SAUL
[e-mail]
211 S. Paterson Street, Suite 320
Madison, WI 53703
Telephone [phone]
KRISTIN HENRY
[e-mail]
Sierra Club
85 Second Street, 2nd Floor
San Francisco, CA 94105
Telephone [phone]
Attorneys for Plaintiff

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JOINT STIPULATION EXTENDING TIME FOR DEFENDANTS TO FILE ANSWER AND TAKING INITIAL CASE
MANAGEMENT CONFERENCE OFF-CALENDAR AND [PROPOSED] ORDER
CASE NO. 3:12-cv-4078-SI

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[PROPOSED] ORDER

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Pursuant to Stipulation, IT IS SO ORDERED.

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DATED this ______ day of November, 2012.

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________________________________
SUSAN ILLSTON
United States District Judge

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The case management conference is continued to Friday, February 22, 2013 at 2:30 p.m.

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JOINT STIPULATION EXTENDING TIME FOR DEFENDANTS TO FILE ANSWER AND TAKING INITIAL CASE
MANAGEMENT CONFERENCE OFF-CALENDAR AND [PROPOSED] ORDER
CASE NO. 3:12-cv-4078-SI