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

Filing 28

ORDER re 27 Granting Stipulation TO DISMISS WITH PREJUDICE. Signed by Judge Claudia Wilken on 6/28/2010. (ndr, COURT STAFF) (Filed on 6/28/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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 SAN FRANCISCO DIVISION ASSOCIATION OF IRRITATED RESIDENTS, an unincorporated association, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 09-cv-01890 CW STIPULATION TO DISMISS WITH PREJUDICE AND ORDER THEREON

Stipulation to Dismiss With Prejudice and Order Thereon

Case No. 09-cv-01890 CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Pursuant to Paragraph 3 of the Consent Decree entered by the Court on December 30, 2009 in the above-captioned matter (Dkt. 20) 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 1 of the Consent Decree, taken pursuant to section 110(k) of the Clean Air Act, 42 U.S.C. § 7410(k), have been completed. EPA has fulfilled the obligations set forth in Paragraph 1 of the Consent Decree, as amended by the Court on March 22, 2010 (Dkt. 23), which required EPA to: (1) sign for publication in the Federal Register no later than April 12, 2010 a notice of the Agency's final action on San Joaquin Valley Unified Air Pollution Control District Rule 2020 and the portion of Rule 2201 (i.e., Paragraph 4.6.9) submitted to EPA for review on December 29, 2006; and (2) deliver the signed notice to the Office of the Federal Register for publication. See Approval and Promulgation of Implementation Plans, State of California, San Joaquin Valley Unified Air Pollution Control District, New Source Review, 75 Fed. Reg. 26,102 (May 11, 2010). Accordingly, the parties joint request that this action be dismissed with prejudice.

Respectfully submitted, FOR THE DEFENDANTS: IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division /s/ Rochelle L. Russell ROCHELLE L. RUSSELL United States Department of Justice Environmental Defense Section 301 Howard Street, Suite 1050 San Francisco, CA 94105 [phone] [e-mail] Attorney for Defendants

Dated: June 25, 2010

Stipulation to Dismiss With Prejudice and Order Thereon

2

Case No. 09-cv-01890 CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

FOR THE PLAINTIFF: Dated: June 25, 2010 /s/ Brent Newell (with permission) BRENT NEWELL ALEGRĶA DE LA CRUZ Center on Race, Poverty & the Environment 47 Kearny Street, Suite 804 San Francisco, CA 94108 [phone] [e-mail] adelacruz@crpe-ej-org Attorneys for Association of Irritated Residents

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: 6/28/2010

__________________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

Stipulation to Dismiss With Prejudice and Order Thereon

3

Case No. 09-cv-01890 CW