Waste Action Project v. Buckley Recycle Center Inc

Filing 185

ORDER denying Defendant's 184 MOTION for Reconsideration. Signed by Judge Ricardo S. Martinez. (SB)

Case 2:13-cv-01184-RSM Document 185 Filed 11/09/22 Page 1 of 4

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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WASTE ACTION PROJECT,
Plaintiff,

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v.

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BUCKLEY RECYCLE CENTER, INC., et
al.,

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Defendants.

CASE NO. C13-1184 RSM
ORDER DENYING MOTION FOR
RECONSIDERATION

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This matter comes before the Court on Defendant Buckley Recycle Center (“BRC”)’s
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Motion for Reconsideration. Dkt. #184. On June 2, 2022, BRC moved to modify the Consent
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Decree in this case “to allow BRC either: (1) an 18-month break from clearing acreage to process
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permitting for Enumclaw; or (2) the right to exercise a ‘pass’ for up to four (4) of the required
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times for clearing an additional acre.” Dkt. #176. The Court denied that Motion. Dkt. #183. In
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its Order, the Court discussed how the previous facts of the case were well known to the parties.
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The Court referred to its earlier Order modifying the Consent Decree, which in turn was based
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on BRC’s code violations and failure to utilize its “best efforts.” Id. at 2 (citing Dkt. #165 at 20).
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The Court cited to Plaintiff WAP’s briefing detailing “a litany of BRC’s misdeeds related to this
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case and remind[ers to] the Court of its previous findings and rulings.” Id. (citing Dkt. #178 at
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2 and 5–6). The Order held BRC failed to show good cause for Court action “to allow BRC to
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continue its illegal Auburn operation beyond the fixed date already provided by the December 1,

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2020, modification order” and found that BRC was essentially relitigating prior arguments. Id.

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at 3. The Court stated that “BRC is largely responsible for past and current permitting delays

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and fails to convince the Court otherwise.” Id. The Court found BRC’s other arguments

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unconvincing based on a lack of diligence.

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BRC’s Motion for Reconsideration argues the Court discounted its arguments and

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ignored its evidence. From BRC’s perspective, it presented declarations with evidentiary support

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while the Court relied on WAP’s arguments with no evidentiary support. The Motion asks the

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question “in what way does denial of BRC’s motion help move any party towards compliance?”

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Dkt. #184 at 2. Later, BRC states “[t]he question to be answered is whether the Consent Decree

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in its current form leaves any path for BRC to comply.” Id. at 3.

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“Motions for reconsideration are disfavored.” LCR 7(h)(1). “The court will ordinarily

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deny such motions in the absence of a showing of manifest error in the prior ruling or a showing

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of new facts or legal authority which could not have been brought to its attention earlier with

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reasonable diligence.” Id. “The motion shall point out with specificity the matters which the

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movant believes were overlooked or misapprehended by the court, any new matters being

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brought to the court’s attention for the first time, and the particular modifications being sought

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in the court’s prior ruling.” LCR 7(h)(2).

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A motion to modify a consent decree is properly considered under Rule 60(b). See Dkt.

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#165 at 14; Rufo v. Inmates of Suffolk Cty. Jail, 502 U.S. 367, 378 (1992). BRC argues for relief

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under either Rule 60(b)(5) or (6). Rule 60(b)(5) “provides a means by which a party can ask a

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court to modify or vacate a judgment or order if a significant change either in factual conditions

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or in law renders continued enforcement detrimental to the public interest.” Horne v. Flores, 557

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U.S. 433, 447 (2009). Rule 60(b)(6) is a catchall provision that depends on the “exercise of a
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court’s ample equitable power … to reconsider its judgment.” Phelps v. Alameida, 569 F.3d

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1120, 1135 (9th Cir. 2009). Under Rule 60(b)(5), the “party seeking modification of a consent

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decree bears the burden of establishing that a significant change in circumstances warrants

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revision of the decree.” Rufo, 502 U.S. at 383. If this “heavy burden” is met, the “district court

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must then determine whether the proposed modification is suitably tailored to resolve the

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problems created by the changed factual or legal conditions.” United States v. Asarco, Inc., 430

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F.3d 972, 979-80 (9th Cir. 2005). A movant seeking relief under Rule 60(b)(6) is required to

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“show ‘extraordinary circumstances’ justifying the reopening of a final judgment.” Martinez v.

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Shinn, No. 21-99006, 2022 U.S. App. LEXIS 13097, *19 (9th Cir. May 16, 2022) (citations

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omitted). “Extraordinary circumstances occur where there are ‘other compelling reasons’ for

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opening the judgment” that prevented the movant from raising the basis of the motion during the

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pendency of the case. Id. (citations omitted).

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As noted in its Order, the Court also has equitable power to modify the terms of a consent

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decree. See Keith v. Volpe, 784 F.2d 1457, 1461 (9th Cir. 1986) (“[E]ven in the absence of

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express authorization in the decree or request from the parties, the power to modify in appropriate

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circumstances is inherent in the equity jurisdiction of the court.”) (citation omitted).

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Modification is especially appropriate “where a better appreciation of the facts in light of

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experience indicates that the decree is not properly adapted to accomplishing its purposes.” Id.

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at 1460 (quoting King-Seeley Thermos Co. v. Aladdin Industries, 418 F.2d 31, 35 (2d Cir. 1969))

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(quotation marks omitted).

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The Court’s ruling was based on the above standards, barely discussed in the instant

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Motion. Under the Rule 60(b) standard, BRC has a heavy burden to present a significant change

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in circumstances warranting revision of the decree and must also show that the proposed

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modification is suitably tailored to resolve the problems. WAP does not have to prove anything
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or provide any new evidence. In its Order, the Court relied on the weaknesses in BRC’s evidence

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and arguments, as detailed by WAP, and the existing record. BRC’s instant Motion fails to

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demonstrate manifest error in the Court’s analysis under this standard, which is not discussed at

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all. Merely stating that the status quo will result in BRC’s noncompliance is inadequate to justify

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BRC’s proposed solution.

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The Court also has the equitable power to modify the terms of the decree. The Court

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found that BRC’s actions in this case, in their totality, did not warrant the requested relief. BRC’s

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Motion does not point to any manifest error here either. Instead, BRC suggests it should get an

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equitable modification to the consent decree whenever it cannot comply. However, such a failure

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to comply can be due to BRC’s actions or to unforeseeable external forces. It is for BRC to

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convince the Court that its proposed solution would be equitable given the interests of BRC and

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WAP. The Court continues to agree with WAP’s characterization of BRC’s lack of diligence.

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BRC cites Keith, supra (“where a better appreciation of the facts in light of experience indicates

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that the decree is not properly adapted to accomplishing its purposes.”). The Court continues to

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find that this standard has not been met by BRC.

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Accordingly, having considered BRC’s Motion and the remainder of the record, the Court
hereby finds and ORDERS that BRC’s Motion for Reconsideration, Dkt. #184, is DENIED.

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DATED this 9th day of November, 2022.

A

RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER DENYING MOTION FOR RECONSIDERATION – 4