WildEarth Guardians v. McCarthy

Filing 14

Second ORDER Regarding Proposed Consent Decree, by Judge John L. Kane on 08/20/2014. (athom, )

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.
________________________________________________________________________

SECOND ORDER REGARDING PROPOSED CONSENT DECREE
________________________________________________________________________
Kane, J.
I will not give judicial imprimatur to a consent decree that binds a public agency without
first ascertaining whether that consent decree is fair, reasonable and in the public interest. See
SEC v. Citigroup Global Mkts., Inc., 752 F.3d 285, 287 (2d Cir.2014).Where parties submit a
proposed consent decree that eschews any admission of fact or law and have not otherwise made
any facts available, I am not able to make that determination. The parties are ordered to explain,
by or on September 3, 2014, why their Proposed Consent decree meets the criteria set forth
above.

DATED:

August 20, 2014

BY THE COURT:
s/John L. Kane
John L. Kane, U.S. Senior District Judge