WildEarth Guardians v. Lamar Utilities Board et al

Filing 208

Order Entering Consent Decree. The Clerk of the Court shall close these cases, but the parties may seek to have the Court enforce the Consent Decree as they would any other order of this Court by Judge David M. Ebel on 10/17/13. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action Nos. 1:09-cv-02974-DME-BNB
1:11-cv-00742-DME-BNB
WILDEARTH GUARDIANS, a New Mexico non-profit corporation,
Plaintiff,
v.
LAMAR UTILITIES BOARD doing business as LAMAR LIGHT AND POWER, and
ARKANSAS RIVER POWER AUTHORITY,
Defendants.
______________________________________________________________________
ORDER ENTERING CONSENT DECREE
______________________________________________________________________
This matter comes before the Court on WildEarth Guardian’s “Unopposed Motion
for Order Approving and Entering the Consent Decree Approved by the Parties and
Dismissing All Claims in Both Cases with Prejudice.” (Doc. 205.) The Court GRANTS
that motion.
Upon consideration of the signed Consent Decree submitted to the Court by the
parties (Doc. 207), the Court determines that the Consent Decree is fair, adequate, and
reasonable, and not illegal, a product of collusion, or against the public interest. See
United States v. Colorado, 937 F.2d 505, 509 (10th Cir. 1991). The Court, therefore,
approves the Consent Decree as resolving all of the claims asserted in these two
consolidated cases and, therefore, orders the Consent Decree entered on the Court’s
docket.

Pursuant to the terms of the Consent Decree, the Court DISMISSES with

prejudice all of the claims Plaintiff asserted against Defendants in these cases. The
Clerk of the Court shall close these cases, but the parties may seek to have the Court
enforce the Consent Decree as they would any other order of this Court.

DATED: October 17, 2013.
BY THE COURT:
s/ David M. Ebel
David M. Ebel
United States Circuit Judge

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