STIPULATED SETTLEMENT ON PLAINTIFFS’ 

MOTION FOR ATTORNEYS’ FEES AND COSTS; 

[PROPOSED] ORDER (Case No. 3:08-cv-01409-WHA) -1- 

Earthjustice 

705 Second Ave., Suite 203 

Seattle, WA 98104 

(206) 343-7340 

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LISA GOLLIN EVANS (MA SB # 200730) THE HONORABLE WILLIAM H. ALSUP 

(Admitted Pro Hac Vice) 

Earthjustice 

21 Ocean Avenue 

Marblehead, MA 01945 

(781) 631-4119 

levans@earthjustice.org 

JAN HASSELMAN (WSB #29107) 

(Admitted Pro Hac Vice) 

Earthjustice 

705 Second Avenue, Suite 203 

Seattle, WA 98104 

(206) 343-7340 

(206) 343-1526 [FAX]

jhasselman@earthjustice.org 

Attorneys for Plaintiffs Sierra Club, Great 

Basin Resource Watch, Amigos Bravos, and 

Idaho Conservation League

GREGORY C. LOARIE (CSB #215859) 

Earthjustice 

426 - 17th Street, 5th Floor 

Oakland, CA 94612 

(510) 550-6725 

(510) 550-6749 [FAX]

gloarie@earthjustice.org 

Local Counsel for Plaintiffs

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

SIERRA CLUB, et al., 

 Plaintiffs, 

 v. 

STEPHEN JOHNSON, et al., 

 Defendants, 

 and 

SUPERFUND SETTLEMENTS PROJECT, et al., 

 Defendant-Intervenors. 

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Case No. 3:08-cv-01409-WHA 

STIPULATED SETTLEMENT ON 

PLAINTIFFS’ MOTION FOR 

ATTORNEYS’ FEES AND COSTS; 

[PROPOSED] ORDER 

Case 3:08-cv-01409-WHA Document 128 Filed 02/01/10 Page 1 of 5 Case3:08-cv-01409-WHA Document126 Filed01/29/10 Page1 of 5
STIPULATED SETTLEMENT ON PLAINTIFFS’ 

MOTION FOR ATTORNEYS’ FEES AND COSTS; 

[PROPOSED] ORDER (Case No. 3:08-cv-01409-WHA) -2- 

Earthjustice 

705 Second Ave., Suite 203 

Seattle, WA 98104 

(206) 343-7340 

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 Pursuant to Local Rule 7-12 and 54-6, this Stipulated Settlement is entered into by and 

between plaintiffs, Sierra Club, Great Basin Resource Watch, Amigos Bravos, and Idaho 

Conservation League, and the United States of America (“United States”), on behalf of defendants 

United States Environmental Protection Agency (“EPA”) and United States Department of 

Transportation (“DOT”), to settle plaintiffs’ claim for attorneys’ fees and costs of litigation in the 

above-captioned matter. 

 Plaintiffs and defendants, by and through their undersigned counsel, state as follows: 

 WHEREAS, on March 12, 2008, plaintiffs brought suit under the Comprehensive 

Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601- 9675, 

and the Administrative Procedure Act, 5 U.S.C. § 706, alleging that defendants failed to perform 

certain nondiscretionary duties under CERCLA Section 108(b), 42 U.S.C. § 9608(b); 

 WHEREAS, this Court granted in part and denied in part defendants’ motion to dismiss in 

two orders dated July 23, 2008, and August 8, 2008; 

 WHEREAS, this Court granted in part and denied in part the parties’ cross-motions for 

summary judgment in two separate orders, dated February 25, 2009, and August 5, 2009; 

 WHEREAS, plaintiffs moved for an award of fees and costs pursuant to CERCLA’s citizen 

suit provision, which defendants opposed; 

 WHEREAS, this Court ruled that plaintiffs were entitled to an award of fees and costs 

commensurate with the level of success achieved by plaintiffs, and directed plaintiffs to resubmit 

their fee application in accordance with specific limits and procedures; 

 WHEREAS, in lieu of additional litigation on the fee motion, plaintiffs and defendants have 

reached an agreement as to an appropriate settlement of plaintiffs’ motion for fees and costs and 

agree that settlement of this action in this manner is in the public interest and is an appropriate way 

to resolve plaintiffs’ motion. 

 NOW, THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PARTIES AS 

FOLLOWS: 

Case 3:08-cv-01409-WHA Document 128 Filed 02/01/10 Page 2 of 5 Case3:08-cv-01409-WHA Document126 Filed01/29/10 Page2 of 5
STIPULATED SETTLEMENT ON PLAINTIFFS’ 

MOTION FOR ATTORNEYS’ FEES AND COSTS; 

[PROPOSED] ORDER (Case No. 3:08-cv-01409-WHA) -3- 

Earthjustice 

705 Second Ave., Suite 203 

Seattle, WA 98104 

(206) 343-7340 

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1. Within 60 days of the Count’s entry of this Stipulated Settlement, the United 

States, on behalf of EPA and DOT, agrees to pay to plaintiffs $114,174.00 in attorneys’ fees and 

$1,184.00 in costs, pursuant to Local Rule 54 and 42 U.S.C. § 9659(f). Payment will be made by 

electronic funds transfer in accordance with instructions provided to defense counsel by 

plaintiffs’ counsel. 

2. Any obligation of the United States to expend funds under this Stipulated 

Settlement are subject to the availability of appropriations in accordance with the AntiDeficiency Act, 31 U.S.C. § 1341. This Stipulated Settlement shall not be construed to require 

the United States to obligate or pay funds in contravention of said Anti-Deficiency Act, 

31 U.S.C. § 1341. 

3. Plaintiffs agree to accept payment of $115,358.00 in full satisfaction of any and 

all claims for attorneys’ fees and costs of litigation to which plaintiffs are entitled in the abovecaptioned litigation, through and including the date of this agreement. 

4. Plaintiffs agree that receipt of this payment from the United States shall operate as 

a release of plaintiffs’ claims for attorneys’ fees and costs in this matter, through and including 

the date of this agreement. 

5. The parties agree that this Stipulated Settlement was negotiated in good faith and 

constitutes a settlement of claims that were vigorously contested, denied, and disputed by the 

parties. Except as provided in paragraphs 3 and 4 above, by entering into this Stipulated 

Settlement the parties do not waive any claim or defense. 

6. The undersigned representatives of each party certify that they are fully 

authorized by the party or parties they represent to agree to the Court’s entry of the terms and 

conditions of this Stipulated Settlement and do hereby agree to the terms herein. 

7. The terms of this Stipulated Settlement shall become effective upon entry of an 

order by the Court ratifying the Agreement. 

Case 3:08-cv-01409-WHA Document 128 Filed 02/01/10 Page 3 of 5 Case3:08-cv-01409-WHA Document126 Filed01/29/10 Page3 of 5
STIPULATED SETTLEMENT ON PLAINTIFFS’ 

MOTION FOR ATTORNEYS’ FEES AND COSTS; 

[PROPOSED] ORDER (Case No. 3:08-cv-01409-WHA) -4- 

Earthjustice 

705 Second Ave., Suite 203 

Seattle, WA 98104 

(206) 343-7340 

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 It is so stipulated this 29th day of January, 2010. 

/s/ Jan Hasselman 

JAN HASSELMAN 

Earthjustice 

705 Second Avenue, Suite 203 

Seattle, WA 98104 

(206) 343-7340 

(206) 343-1526 [FAX]

jhasselman@earthjustice.org 

LISA GOLLIN EVANS 

Earthjustice 

21 Ocean Avenue 

Marblehead, MA 01945 

(781) 631-4119 

levans@earthjustice.org 

Attorneys for Plaintiffs Sierra Club, Great 

Basin Resource Watch, Amigos Bravos, and 

Idaho Conservation League

GREGORY C. LOARIE (CA Bar No. 215859) 

Earthjustice 

426 - 17th Street, 5th Floor 

Oakland, CA 94612 

(510) 550-6725 

(510) 550-6749 [FAX]

gloarie@earthjustice.org 

Local Counsel for Plaintiffs

Case 3:08-cv-01409-WHA Document 128 Filed 02/01/10 Page 4 of 5 Case3:08-cv-01409-WHA Document126 Filed01/29/10 Page4 of 5
STIPULATED SETTLEMENT ON PLAINTIFFS’ 

MOTION FOR ATTORNEYS’ FEES AND COSTS; 

[PROPOSED] ORDER (Case No. 3:08-cv-01409-WHA) -5- 

Earthjustice 

705 Second Ave., Suite 203 

Seattle, WA 98104 

(206) 343-7340 

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IGNACIA S. MORENO 

Assistant Attorney General 

Environment & Natural Resources Division 

/s/ Jan Hasselman, for * 

 * per email authorization ROCHELLE L. RUSSELL (CA Bar #244992) 

Trial Attorney 

U.S. Department of Justice 

Environmental Defense Section 

301 Howard Street, Suite 1050 

San Francisco, CA 94105 

(415) 744-6566 

rochelle.russell@usdoj.gov 

Attorney for Federal Defendants 

ORDER 

 Pursuant to settlement, IT IS SO ORDERED. 

 Dated this _____ day of __________________, 2010. 

____________________________________ 

THE HONORABLE WILLIAM H. ALSUP 

United States District Court Judge 

Case3:08-cv-01409-WHA Document126 Filed01/29/10 Page5 of 5

 Pursuant to the above stipulation, the settlement reached between the parties pertaining 

to plaintiffs' motion for attorney's fees and costs is hereby APPROVED. 

 IT IS SO ORDERED.

Dated: February 1, 2010.

WILLIAM ALSUP 

UNITED STATES 

U

DISTRICT JUDGE

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge William Alsup

Case 3:08-cv-01409-WHA Document 128 Filed 02/01/10 Page 5 of 5