Northwest Environmental Advocates v. United States Environmental Protection Agency

Filing 120

ORDER granting Defendant's 119 Unopposed Motion to Dismiss. Signed by Judge Ricardo S. Martinez. (SB)

Case 2:14-cv-00196-RSM Document 120 Filed 10/12/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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NORTHWEST ENVIRONMENTAL
ADVOCATES,
Plaintiff,

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v.

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UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY,
Defendant,
and
NORTHWEST PULP & PAPER ASS’N,
et al.,
Defendant-Intervenors.

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No. 2:14-cv-0196-RSM
JOINT AND UNOPPOSED MOTION AND
PROPOSED ORDER FOR THE DISMISSAL
OF REMAINING PORTIONS OF
PLAINTIFF’S THIRD AND FOURTH
CLAIMS IN ITS AMENDED COMPLAINT,
AND FOR TERMINATION OF THE CASE
NOTE ON MOTION CALENDAR:
October 6, 2022

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Plaintiff Northwest Environmental Advocates and Defendant U.S. Environmental
Protection Agency (“EPA”) hereby move the Court to dismiss with prejudice the portions of
Plaintiff’s Third and Fourth claims for relief that the Court, per its Order dated October 17, 2018
(ECF No. 95), stayed pending EPA’s reconsideration of those portions of claims. EPA has
completed its reconsideration process and issued its decisions on reconsideration, thereby
rendering moot or otherwise resolving the referenced portions of claims. Therefore, those
Joint and Unopposed Motion and
Order For Dismissal of Portions of
Claims Three and Four
No. 2:14-cv-0196-RSM

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Case 2:14-cv-00196-RSM Document 120 Filed 10/12/22 Page 2 of 2

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referenced portions of Plaintiff’s Third and Fourth claims for relief should be dismissed with

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prejudice. The undersigned counsel for EPA has been authorized by the respective counsel for

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each of the intervenors in this case—Defendant-Intervenors State of Washington Department of

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Ecology, Washington Cattlemen’s Association, Northwest Pulp and Paper Association,

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Washington Forest Protection Association, and American Forest Resource Council—to state that

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each such party does not oppose the relief requested by this motion, and thus this joint motion is

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unopposed.

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Accordingly, Plaintiff and EPA jointly request that the Court dismiss with prejudice the
portions of Claim Three of Plaintiff’s First Amended Complaint (ECF No. 54) that correspond to

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Paragraphs 97(b), (c), (d) and (e) of that Complaint; the portions of Claim Four that correspond

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to Paragraph 104(a) of that Complaint related to WAC 173-201A-200(1)(c)(i) and WAC 173-

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201A-210(1)(c)(i); and the portions of Claim Four that correspond to Paragraphs 104(b), (c), (d)

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and (e) of that Complaint. Because the other claims in this case have been previously

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resolved, see Dkt. Nos. 51, 96, with the dismissal of the claims requested above, this case can be

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terminated.

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IT IS SO ORDERED, this 12th day of October, 2022.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Joint and Unopposed Motion and
Order For Dismissal of Portions of
Claims Three and Four
No. 2:14-cv-0196-RSM

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