Center for Biological Diversity, Greenpeace, Inc et al v. United States Environmental Protection Agency et al

Filing 48

ORDER that Consent Decree is terminated and this case is Dismissed with Prejudice re 45 Consent MOTION to Continue Case Management Conference filed by Lisa P. Jackson, United States Environmental Protection Agency, 46 Order on Motion to Approve Consent Judgment. Signed by Judge Yvonne Gonzalez Rogers on 4/23/2014. (fs, COURT STAFF) (Filed on 4/23/2014)

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[Counsel for Plaintiffs listed on signature page]

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4/23/2014

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ROBERT G. DREHER
Acting Assistant Attorney General
Environment & Natural Resources Division
NORMAN L. RAVE, JR. (D.C. 431602)
Environmental Defense Section
Environment & Natural Resources Division
United States Department of Justice
P.O. Box 7611
Washington, D.C. 20044
TEL:
(202) 616–7568
FAX:
[phone]
e-mail: [e-mail]

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D IS T IC T O
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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CENTER FOR BIOLOGICAL DIVERSITY,
GREENPEACE, INC., and PORT
TOWNSEND AIRWATCHERS,

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Plaintiffs,
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v.

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UNITED STATES ENVIRONMENTAL
PROTECTION AGENC,Y et al.,

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Defendants.

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Case No.: C-11-06059 YGR

JOINT NOTICE THAT CONSENT
DECREE OBLIGATIONS HAVE BEEN
FULFILLED

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JOINT NOTICE THAT CONSENT DECREE
OBLIGATIONS HAVE BEEN FULFILLED
In accordance with Paragraph 15 of the Consent Decree, DE 46, Defendants United
States Environmental Protection Agency, and Gina McCarthy, Administrator, in her official
capacity, (collectively “EPA”) and Plaintiffs Greenpeace, Inc., Port Townsend Airwatchers, and
Center for Biological Diversity, hereby provide notice that EPA has fulfilled the requirements of
Paragraphs 2 and 3 of the Consent and that Plaintiffs’ claims for cost of litigation have been

Joint Notice That Consent Decree Obligations Have Been Fulfilled

Case No. C-11-06059 YGR
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resolved. Specifically, the EPA Administrator signed proposed and final rules by the dates

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specified in Paragraph 2 of the Consent Decree and the proposed and final rules were submitted

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to the Office of Federal Register as required by Paragraph 3. The final rule has now been

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published in the Federal Register. 79 Fed. Reg. 18,952 (April 4, 2014). In addition, Plaintiffs’

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claims for costs of litigation were resolved by settlement pursuant to the process described in

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Paragraph 6 of the Consent Decree.

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Accordingly, as provided in Paragraph 15 of the Consent Decree, the Consent Decree is
terminated, this case may be dismissed with prejudice, and the case may be closed.
Respectfully submitted,

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ROBERT G. DREHER
Acting Assistant Attorney General
Environment & Natural Resources Division
/S Norman L. Rave, Jr.
NORMAN L. RAVE, JR. (D.C. 431602)
Environmental Defense Section
Environment & Natural Resources Division
United States Department of Justice
P.O. Box 7611
Washington, D.C. 20044
TEL:
[phone]
FAX:
[phone]
[e-mail]
Attorneys for EPA
/S Helen Kang
HELEN KANG(State Bar No. 124730)
Environmental Law and Justice Clinic
Golden Gate University School of Law
536 Mission Street
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.896.2450
[e-mail]
Attorney for Plaintiffs GREENPEACE, INC. and
PORT TOWNSEND AIRWATCHERS

Joint Notice That Consent Decree Obligations Have Been Fulfilled

Case No. C-11-06059 YGR
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/S Vera P. Pardee
VERA P. PARDEE (State Bar No. 106146)
KEVIN BUNDY (State Bar No. 231686)
Center for Biological Diversity
351 California Street, Suite 600
San Francisco, CA 94104
Telephone: [phone] ext. 317
Facsimile: 415.436.9683
[e-mail]

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Attorneys for Plaintiff CENTER FOR
BIOLOGICAL DIVERSITY

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April 16, 2014

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Joint Notice That Consent Decree Obligations Have Been Fulfilled

Case No. C-11-06059 YGR
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ATTESTATION FOR NOTICE THAT CONSENT

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DECREE OBLIGATIONS HAVE BEEN FULFILLED

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Pursuant to Local Rule 5-1(i)(3), I attest that Vera Pardee and Helen Kang have
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concurred in the filing of this document.
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Dated: April 16, 2014

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/S/ Norman L. Rave, Jr..
Norman L. Rave, Jr.
Attorney for Defendants

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CERTIFICATE OF SERVICE
I, Norman L. Rave, Jr., hereby certify that on April 16, 2014, I caused the foregoing to be
served upon counsel of record through the Court’s electronic service system.

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/s/ Norman L. Rave, Jr.
Norman L. Rave, Jr.

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Joint Notice That Consent Decree Obligations Have Been Fulfilled

Case No. C-11-06059 YGR
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