Association of Irritated Residents v. United States Environmental Protection Agency et al

Filing 30

ORDER re 29 Granting Stipulation TO DIMISS WITH PREJUDICE. Signed by Judge Claudia Wilken on 04/05/2010. (scc, COURT STAFF) (Filed on 4/5/2010)

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IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division ROCHELLE L. RUSSELL (Cal. Bar No. 244992) Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Environmental Defense Section 301 Howard Street, Suite 1050 San Francisco, CA 94105 Tel: [phone] Fax: [phone] Email: [e-mail] Counsel for Defendants

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

ASSOCIATION OF IRRITATED RESIDENTS, an unincorporated association, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants.

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Case No. 08-cv-05650 CW

STIPULATION TO DISMISS WITH PREJUDICE AND [PROPOSED] ORDER THEREON

S t ip u la tio n to Dismiss with Prejudice a n d [Proposed] Order Thereon

08-CV-05650 CW

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Pursuant to Paragraph 3 of the Consent Decree entered by the Court on August 18, 2009 in the above-captioned matter (Dkt. 24) and Federal Rule of Civil Procedure 41(a)(1), the parties to this action, Plaintiff Association of Irritated Residents and Defendants United States Environmental Protection Agency et al. ("EPA" or "Agency"), hereby stipulate and agree, through their undersigned counsel, that this action shall be dismissed with prejudice. Paragraph 3 of the Consent Decree provides that the parties will jointly request the Court to dismiss this action with prejudice when the actions in Paragraph 2 of the Consent Decree, taken pursuant to section 110(k) of the Clean Air Act, 42 U.S.C. § 9410(k), have been completed. EPA has fulfilled the obligations set forth in Paragraph 2 of the Consent Decree, which required EPA to: (1) sign for publication in the Federal Register no later than June 30, 2009 its proposed action on the San Joaquin Valley Unified Air Pollution Control District Rule 3170; (2) sign for publication in the Federal Register no later than December 11, 2009 its final action on the San Joaquin Valley Unified Air Pollution Control District Rule 3170; and (3) deliver the notices to the Office of the Federal Register for publication. See Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District, 74 Fed. Reg. 33,950 (June 14, 2009), and corrected version, 74 Fed. Reg. 41,826 (Aug. 19, 2009); Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District, 75 Fed. Reg. 1,716 (Jan. 13, 2010). Accordingly, the terms of Paragraph 2 of the Consent Decree have been satisfied, and dismissal of this action with prejudice is appropriate. Respectfully submitted, COUNSEL FOR DEFENDANTS: Dated: April 2, 2010 IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division /s/ Rochelle L. Russell ROCHELLE L. RUSSELL Attorney, Environmental Defense Section United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, CA 94105 Tel: [phone]

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S t ip u la tio n to Dismiss with Prejudice a n d [Proposed] Order Thereon

Email: [e-mail] Counsel for Defendants

/s/ Brent Newell BRENT NEWELL Center On Race, Poverty & the Environment 47 Kearney Street, Suite 804 San Francisco, CA 94108 Phone: [phone] Email: [e-mail] Counsel for Plaintiff Association of Irritated Residents

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: _________________ 4/5/2010

__________________________________ Hon. Claudia Wilken United States District Court Judge

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08-CV-05650 CW