WildEarth Guardians v. McCarthy

Filing 12

ORDER Regarding Proposed Consent Decree by Judge John L. Kane on 07/23/2014. (athom, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:13-cv-03457-JLK WILDEARTH GUARDIANS, Plaintiff, v. GINA MCCARTHY, in her official capacity as Administrator of the Environmental Protection Agency, Defendant. ________________________________________________________________________ ORDER REGARDING PROPOSED CONSENT DECREE ________________________________________________________________________ Kane, J. I am inclined to enter the parties’ proposed Consent Decree, Doc. 9-1, as drafted, except for the following language on page 2: “WHEREAS, Guardians and EPA have agreed to a settlement of this case without any admission of any issue of fact or law…” The parties are ordered to explain, on or before August 4, 2014, why this provision is justified. I strictly adhere to Federal Rule of Civil Procedure 52(a)(1), which states: In General. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court. Judgment must be entered under Rule 58. The parties’ proposed language omitting any admission of any issue of fact or law does not permit me to make findings of fact and conclusions of law. DATED: July 23, 2014 BY THE COURT: s/John L. Kane John L. Kane, U.S. Senior District Judge 2

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