IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

 

NATIONAL PARKS CONSERVATION ) 

ASSOCIATION, MONTANA ENVIRONMENTAL ) 

INFORMATION CENTER, GRAND CANYON ) 

TRUST, SAN JUAN CITIZENS ALLIANCE, ) 

OUR CHILDREN'S EARTH FOUNDATION, ) 

PLAINS JUSTICE, POWDER RIVER BASIN ) CIVIL ACTION NO. 

RESOURCE COUNCIL, SIERRA CLUB, ) 1: 11-cv-01548 (ABJ) 

AND ENVIRONMENTAL DEFENSE FUND ) 

 ) 

 Plaintiffs, ) 

 ) 

 v. ) 

 ) 

GINA MCCARTHY, in her official capacity as ) 

Administrator, United States Environmental ) 

Protection Agency, ) 

 ) 

 Defendant. ) 

________________________________________________) 

STIPULATION TO AMEND CONSENT DECREE 

 On March 30, 2012, the Court entered the Partial Consent Decree (“Consent Decree” or 

“Decree”) in this matter. Paragraph 7 of the Consent Decree provides: “The deadlines in Table 

A or B may be extended for a period of 60 days or less by written stipulation executed by 

counsel for EPA and Plaintiffs and filed with the Court.” Pursuant to Paragraph 7, the Parties 

stipulate to extend the applicable deadlines for action by the United States Environmental 

Protection Agency (“EPA”) with respect to Arizona and Washington as follows: 

 A. Arizona: Table A, as modified by the Court’s Order of September 16, 2013 (ECF 

78) sets two applicable deadlines: 

 (1) By December 6, 2013, EPA will sign a notice of proposed rulemaking to 

promulgate a federal implementation plan (“FIP”) for all remaining elements of Arizona’s 

Case 1:11-cv-01548-ABJ Document 80 Filed 11/14/13 Page 1 of 4
2 

regional haze plan to ensure that EPA’s actions with respect to Arizona collectively meet the 

regional haze implementation plan requirements that were due by December 17, 2007 under 

EPA’s regional haze regulations; and 

 (2) By May 6, 2014, EPA will sign a notice of final rulemaking to promulgate a 

federal implementation plan (“FIP”) for all remaining elements of Arizona’s regional haze plan 

to ensure that EPA’s actions with respect to Arizona collectively meet the regional haze 

implementation plan requirements that were due by December 17, 2007 under EPA’s regional 

haze regulations. 

 Pursuant to Paragraph 7 of the Consent Decree, Plaintiffs and EPA hereby stipulate to 

extend the deadlines in Table A applicable to Arizona described above to require that EPA will 

sign the notice of proposed rulemaking by January 27, 2014, and will sign the notice of final 

rulemaking no later than June 27, 2014. 

 B. Washington: Table A, as modified by the Court’s Order of July 15, 2013 (ECF 

75) sets deadlines applicable to Washington as follows: 

 The “Final Promulgation Deadline” for “all remaining RH SIP elements” 

for Washington in Table A is extended to April 30, 2014 unless (1) EPA fails to 

sign, by November 15, 2013, a notice of re-proposed rulemaking for all 

remaining regional haze SIP elements for Washington; or (2) EPA fails to follow 

procedures identical to those in paragraph 9 of the consent decree regarding 

submission of such signed notice for publication in the Federal Register. If either 

of the failures identified in the preceding sentence should occur, the deadline for 

EPA to sign the notice of final rulemaking for all remaining regional haze SIP 

elements for Washington shall be December 3, 2013. 

Case 1:11-cv-01548-ABJ Document 80 Filed 11/14/13 Page 2 of 4
3 

(Emphasis added). 

 Pursuant to Paragraph 7 of the Consent Decree, Plaintiffs and EPA hereby stipulate to 

extend the deadlines in Table A applicable to Washington as follows: 

 The “Final Promulgation Deadline” for “all remaining RH SIP elements” 

for Washington in Table A is extended to May 30, 2014, unless (1) EPA fails to 

sign, by December 16, 2013, a notice of re-proposed rulemaking for all remaining 

regional haze SIP elements for Washington; or (2) EPA fails to follow procedures 

identical to those in paragraph 9 of the consent decree regarding submission of 

such signed notice for publication in the Federal Register. If either of the failures 

identified in the preceding sentence should occur, the deadline for EPA to sign the 

notice of final rulemaking for all remaining regional haze SIP elements for 

Washington shall be January 10, 2014. 

 Pursuant to the above-referenced paragraph 7 of the Consent Decree, the Court does not 

need to enter an order to effectuate an extension of this length. 

 SO STIPULATED: 

Counsel for Plaintiffs /s/ Reed Zars 

 LAW OFFICES OF REED ZARS 

 910 Kearney Street 

 Laramie, WY 82070 

 (307) 745-7979 

 Fax: (307) 745-7999 

 Email: rzars@lariat.org 

 

Counsel for Defendant ROBERT G. DREHER 

 Acting Assistant Attorney General 

 Environment and Natural Resources 

 Division 

 /s/ Eileen T. McDonough

 EILEEN T. MCDONOUGH 

 Environmental Defense Section 

Case 1:11-cv-01548-ABJ Document 80 Filed 11/14/13 Page 3 of 4
4 

 U.S. Department of Justice 

 P.O. Box 23986 

 Washington, D.C. 20026-3986 

 (202) 514-3126 

Of Counsel: eileen.mcdonough@usdoj.gov 

M. LEA ANDERSON 

MATTHEW MARKS 

Office of General Counsel 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, N. W. 

Washington, DC 20460 

anderson.lea@epa.gov

marks.matthew@epa.gov

Case 1:11-cv-01548-ABJ Document 80 Filed 11/14/13 Page 4 of 4