Comite Civico del Valle, Inc. v. Jackson et al

Filing 14

STIPULATION AND ORDER TO DISMISS WITH PREJUDICE re 13 Stipulation filed by Lisa Jackson, Jared Blumenfeld. Signed by Judge Phyllis J. Hamilton on 11/29/10. (nah, COURT STAFF) (Filed on 11/29/2010)

Comite Civico del Valle, Inc. v. Jackson et al

Doc. 14

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

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

COMITE CIVICO DEL VALLE, INC., Plaintiff, v.

Case No. 10-cv-00946 PJH STIPULATION TO DISMISS WITH PREJUDICE AND

LISA JACKSON, in her official capacity as Administrator of the United States Environmental Protection Agency, and JARED BLUMENFELD, in his official capacity as Regional Administrator for Region IX of the United States Environmental Protection Agency, Defendants.

[PROPOSED] ORDER THEREON

STIPULATION TO DISMISS WITH PREJUDICE AND [PROPOSED ORDER] THEREON

Case No. 10-cv-00946 PJH

Dockets.Justia.com

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Pursuant to Paragraph 2 of the Consent Decree entered by the Court on August 31, 2010 in the above-captioned matter (Dkt. 12) and Federal Rule of Civil Procedure 41(a)(1), the parties to this action, Plaintiff Comité Civíco Del Valle, Inc. and Defendants Lisa Jackson, in her official capacity as Administrator of the United States Environmental Protection Agency, and Jared Blumenfeld, in his official capacity as Regional Administrator for Region IX of the United States Environmental Protection Agency (collectively, "EPA" or "Agency"), hereby stipulate and agree, through their undersigned counsel, that this action shall be dismissed with prejudice. Paragraph 2 of the Consent Decree provides that the parties will jointly request the Court to dismiss this case with prejudice when the action in Paragraph 1 of the Consent Decree, taken pursuant to section 110(k) of the Clean Air Act, 42 U.S.C. § 9410(k), has been completed. EPA has fulfilled the obligation set forth in Paragraph 1 of the Consent Decree, which required EPA to sign for publication in the Federal Register no later than November 15, 2010 a notice of the Agency's final action on Imperial County Air Pollution Control District Rule 420 ("Rule 420"). EPA signed its final action on Rule 420 on October 25, 2010. See Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District; Final Rule, 75 Fed. Reg. 69002, 69004 (Nov. 10, 2010) (final action dated October 25, 2010). Accordingly, the parties jointly request that this action be dismissed with prejudice. Respectfully submitted, COUNSEL FOR DEFENDANTS:

20 Dated: November 24, 2010 21 22 23 24 25 26 27 28
STIPULATION TO DISMISS WITH PREJUDICE AND [PROPOSED ORDER] THEREON

IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division /s/ Rochelle L. Russell ROCHELLE L. RUSSELL Trial Attorney U.S. Department of Justice Environmental & Natural Resources Division 301 Howard Street, Suite 1050 San Francisco, CA 94150 Tel: [phone] Email: [e-mail] Counsel for Defendants

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Case No. 10-cv-00946 PJH

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COUNSEL FOR PLAINTIFF: Dated: November 24, 2010 /s/ Gideon Kracov (with permission) GIDEON KRACOV 801 S. Grand Avenue, Ste. 1100 Los Angeles, CA 90017 Phone: [phone] Email: [e-mail] RICHARD TOSHIYUKI DRURY Lozeau - Drury LLP 1516 Oak Street, Suite 216 Alameda, CA 94501 Counsel for Plaintiff Comite Civico del Valle, Inc.

PURSUANT TO STIPULATION, IT IS SO ORDERED. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION TO DISMISS WITH PREJUDICE AND [PROPOSED ORDER] THEREON

11/29/10 Dated: ______________________

UNIT ED

HON. PHYLLIS J. HAMILTON UNITED STATES DISTRICT JUDGE

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