Opinion
Civ. 4:21-cv-06956-SBA
06-21-2022
SIERRA CLUB, et al., Plaintiffs, v. MICHAEL S. REGAN, in his official capacity as the Administrator of the United States Environmental Protection Agency, Defendant.
Paul Caintic (D.C. Bar No. 1779847) Andrew Coghlan (SBN 313332) United States Department of Justice Counsel for Defendants Emily Davis (SBN 314152) Natural Resources Defense Council Counsel for Plaintiff Natural Resources Defense Council Louisa Eberle (SBN 320803) Sierra Club Patton Dycus (pro hac vice) Environmental Integrity Project Counsel for Plaintiff Environmental Integrity Project Andrea Issod (SBN 230920) Sierra Club Counsel for Plaintiff Sierra Club
Paul Caintic (D.C. Bar No. 1779847)
Andrew Coghlan (SBN 313332)
United States Department of Justice
Counsel for Defendants
Emily Davis (SBN 314152)
Natural Resources Defense Council
Counsel for Plaintiff Natural Resources Defense Council
Louisa Eberle (SBN 320803)
Sierra Club
Patton Dycus (pro hac vice)
Environmental Integrity Project
Counsel for Plaintiff Environmental Integrity Project
Andrea Issod (SBN 230920)
Sierra Club
Counsel for Plaintiff Sierra Club
STIPULATION AND ORDER TO VACATE REMAINING DEADLINES
Richard Seeborg for Saundra B. Armstrong, United States District Judge
Plaintiffs Sierra Club, Natural Resources Defense Council, and Environmental Integrity Project and Defendant Michael S. Regan, Administrator of the United States Environmental Protection Agency (“EPA”) (collectively, the “Parties”) stipulate as follows:
1. The Parties have reached an agreement that would resolve all issues remaining in this matter, other than the claim for costs of litigation, including attorneys' fees, and have memorialized that agreement in a proposed Consent Decree.
2. The appropriate officials at EPA and the United States Department of Justice and the appropriate decision makers at Sierra Club, Natural Resources Defense Council, and Environmental Integrity Project have approved the proposed Consent Decree.
3. Pursuant to section 113(g) of the Clean Air Act, 42 U.S.C. § 7413(g), EPA published a notice of the settlement in the Federal Register and held open a public comment period that allowed persons not named in this case to comment on the proposed Consent Decree. Proposed Consent Decree, Clean Air Act Citizen Suit, 87 Fed.Reg. 21,118 (Apr. 11, 2022). EPA and DOJ have considered the comments received and concluded that the comments did not disclose facts or considerations that warrant EPA or DOJ withholding consent.
4. The Parties have moved to enter the proposed Consent Decree. Dkt. No. 32.
5. In light of the Parties' impending settlement, the Parties request that the Court vacate all remaining litigation deadlines in this case as originally set forth in Dkt. No. 5 and as extended in Dkt. No. 31.
6. Pursuant to Local Civil Rule 5-1(h)(3), the undersigned counsel for Defendant attests that the other signatories listed below concur in the filing of this document.
PURSUANT TO STIPULATION, IT IS SO ORDERED.