Exhibit A

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

SIERRA CLUB, )

)

Plaintiff, )

) Civil Case No. 1:12-cv-00013 (RWR)

v. )

)

LISA P. JACKSON, in her official )

capacity as Administrator, UNITED )

STATES ENVIRONMENTAL )

PROTECTION AGENCY, )

)

Defendant. )

____________________________________)

CONSENT DECREE

WHEREAS, on March 9, 2012, Plaintiff Sierra Club filed a First Amended Complaint in 

this matter against Defendant Lisa P. Jackson, in her official capacity as Administrator of the 

United States Environmental Protection Agency (hereinafter, “EPA” or “the Agency”), alleging 

that EPA has failed to undertake certain nondiscretionary duties under the Clean Air Act 

(“CAA”), 42 U.S.C. §§ 7401-7671q, and that such alleged failure is actionable under section 

304(a)(2) of the CAA, 42 U.S.C. § 7604(a)(2);

WHEREAS, Sierra Club’s First Amended Complaint alleges that EPA has failed to 

perform a duty mandated by CAA sections 110(k)(2) and (3), 42 U.S.C. §§ 7410(k)(2) and (3), 

to take timely final action to approve, disapprove, or partially approve/disapprove the state 

implementation plan (“SIP”) submittals or portions of submittals for the Charlotte-GastoniaRock Hill 1997 8-hour ozone nonattainment area from North Carolina and South Carolina; 

WHEREAS, Sierra Club specifically alleges that EPA has not yet taken action on the 

following SIP submittals or portions of submittals from North Carolina for its portion of the 

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Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area: the emissions inventory, 

the reasonable further progress (“RFP”) for volatile organic compounds (“VOC”) and nitrogen

oxides (“NOx”) requirements, the reasonable area control technology (“RACT”) for NOx for 

major sources, and the emissions statements; 

WHEREAS, Sierra Club specifically alleges that EPA has not yet taken action on the 

following SIP submittals or portions of submittals from South Carolina for its portion of the 

Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area: the emissions inventory, 

the RFP for VOC and NOx, and the emissions statements; 

WHEREAS, on April 24, 2012, EPA took final action to approve the SIP submittal 

submitted by North Carolina addressing the 1997 ozone NAAQS emissions statements 

requirement for the Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area (77 

Fed. Reg. 24,382);

WHEREAS, on May 4, 2012, EPA took final action to approve the SIP submittals 

submitted by North Carolina addressing the 1997 ozone NAAQS emissions inventory for the 

Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area (77 Fed. Reg. 26,441);

WHEREAS, on May 18, 2012, EPA took final action to approve the SIP submittals 

submitted by South Carolina addressing the 1997 ozone NAAQS emissions inventory for the 

Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area (77 Fed. Reg. 29,540);

WHEREAS, the Parties wish to effectuate a complete and final settlement of Sierra Club

v. Jackson, Case No. 12-cv-00013 (D.D.C.), without expensive and protracted litigation and 

without the admission of any issue of fact or law; 

WHEREAS, the Parties, by entering into this Consent Decree, do not waive or limit any 

claim, remedy, or defense, on any grounds, related to any final EPA action;

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WHEREAS, the Parties consider this Consent Decree to be an adequate and equitable 

resolution of all of the claims in the above-captioned case;

WHEREAS, the Court, by entering this Consent Decree, finds that the Consent Decree is 

fair, reasonable, in the public interest, and consistent with the CAA, 42 U.S.C. §§ 7401-7671q;

NOW THEREFORE, before the taking of testimony, without trial or determination of 

any issue of law or fact, and upon the consent of the Parties, it is hereby ORDERED, 

ADJUDGED and DECREED that:

1. This Court has subject matter jurisdiction over the claims set forth in the First 

Amended Complaint and to order the relief contained in this Consent Decree. Venue is proper in 

the United States District Court for the District of Columbia. 

2. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), the appropriate EPA 

official shall no later than November 30, 2012, sign for publication in the Federal Register a 

notice or notices of the Agency’s final action approving, disapproving, or approving in part and 

disapproving in part the SIP submittals submitted by North Carolina addressing the 1997 ozone 

NAAQS RFP for VOC and NOx requirement for the Charlotte-Gastonia-Rock Hill area. 

3. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), the appropriate EPA 

official shall no later than November 30, 2012, sign for publication in the Federal Register a 

notice or notices of the Agency’s final action approving, disapproving, or approving in part and 

disapproving in part the SIP submittals submitted by South Carolina addressing the 1997 ozone 

NAAQS RFP for VOC and NOx and the emissions statements requirements for the CharlotteGastonia-Rock Hill area.

4. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), the appropriate EPA 

official shall no later than May 1, 2013, sign for publication in the Federal Register a notice or 

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notices of the Agency’s final action approving, disapproving, or approving in part and 

disapproving in part the SIP submittals submitted by North Carolina addressing the 1997 ozone 

NAAQS RACT for NOx for major sources requirement for the Charlotte-Gastonia-Rock Hill 

area.

5. If any State withdraws any of the SIP submittals described in Paragraphs 2 

through 4, then EPA’s obligation to take the corresponding action on such SIP submittal is 

automatically terminated. 

6. After signing a final rule or determination as described in Paragraphs 2 through 4

of this Consent Decree, EPA shall promptly deliver notice of such actions to the Office of 

Federal Register for review and publication. 

7. The deadlines in Paragraphs 2 through 4 may be extended by (a) written 

stipulation executed by counsel for Sierra Club and EPA with notice to the Court, or (b) by the 

Court on a motion of EPA for good cause shown pursuant to the Federal Rules of Civil 

Procedure, and upon consideration of any response by Sierra Club and any reply by EPA. Any 

other provision of this Consent Decree may be modified by the Court following motion of Sierra 

Club or EPA for good cause shown pursuant to the Federal Rules of Civil Procedure and upon 

consideration of any opposition by the non-moving party and any reply. 

8. Sierra Club and EPA shall not challenge the terms of this Consent Decree or this 

Court’s jurisdiction to enter and enforce this Consent Decree.

9. Sierra Club and EPA agree that this Consent Decree shall constitute a complete 

and final settlement of all claims that Sierra Club has asserted against the United States, 

including EPA, under any provision of law in connection with Sierra Club v. Jackson, Case No. 

12-cv-00013 (D.D.C.). Sierra Club therefore discharges and covenants not to sue the United 

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States, including EPA, for any such claims. 

10. Nothing in this Consent Decree shall be construed to limit or modify any 

discretion accorded EPA by the CAA or by general principles of administrative law in taking the 

actions which are the subject of this Consent Decree, including the discretion to alter, amend, or 

revise any responses or final actions contemplated by this Consent Decree. EPA’s obligation to 

perform the actions specified in this Consent Decree by the times specified herein does not 

constitute a limitation or modification of EPA’s discretion within the meaning of this paragraph.

11. Nothing in this Consent Decree shall be construed as an admission of any issue of 

fact or law to waive or limit any claim, remedy, or defense, on any grounds, related to any final 

action EPA may take with respect to the actions addressed in this Consent Decree.

12. Nothing in this Consent Decree shall be construed to: (a) confer upon this Court 

jurisdiction to review any issues that are within the exclusive jurisdiction of the United States 

Courts of Appeals pursuant to CAA sections 307(b)(1), 42 U.S.C. §§ 7607(b)(1), including final 

action taken pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), approving, 

disapproving, or approving in part and disapproving in part a SIP submittal; or (b) waive any 

claims, remedies, or defenses the Parties may have under CAA section 307(b)(1), 42 U.S.C. § 

7607(b)(1).

13. The deadline for filing a motion for costs of litigation, including reasonable 

attorney’s fees, incurred prior to entry of this Consent Decree is hereby extended until sixty (60) 

days after the entry of this Consent Decree by this Court. During this time, the Parties shall seek 

to resolve informally any claim for costs of litigation, including reasonable attorney’s fees, and if 

they cannot, will submit that issue to the Court for resolution. The United States does not waive 

or limit any defenses it may have to such claim. The Court shall retain jurisdiction to resolve 

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any requests for costs of litigation, including reasonable attorney’s fees.

14. The Parties recognize and acknowledge that the obligations imposed upon EPA 

under this Consent Decree can only be undertaken using appropriated funds legally available for 

such purpose. No provision of this Consent Decree shall be interpreted as or constitute a 

commitment or requirement that the United States obligate or pay funds in contravention of the 

Anti-Deficiency Act, 31 U.S.C. § 1341, or any other applicable provision of law.

15. Any notices required or provided for by this Consent Decree shall be made in 

writing, via facsimile or other means, and sent to the following:

For Plaintiff Sierra Club:

ROBERT UKEILEY

Law Office of Robert Ukeiley

435R Chestnut Street, Suite 1

Berea, KY 40403

Phone: (859) 986-5402

Fax: (866) 618-1017

rukeiley@igc.org

For Defendant EPA:

CHRISTINA L. RICHMOND

Trial Attorney

U.S. Department of Justice

Environment & Natural Resources Division

Environmental Defense Section

P.O. Box 23986

Washington, D.C. 20026-3986

Phone: (202) 514-3376

Fax: (202) 514-8865

christina.richmond2@usdoj.gov

STEPHANIE L. HOGAN

Office of the General Counsel 

U.S. Environmental Protection Agency

Ariel Rios Bldg., MC 2344A

1200 Pennsylvania Ave., N.W.

Washington, D.C. 20460

Phone: (202) 564-3244

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Fax: (202) 564-5603

hogan.stephanie@epa.gov

16. In the event of a dispute between the Parties concerning the interpretation or 

implementation of any aspect of this Consent Decree, the disputing party shall provide the other 

party with a written notice outlining the nature of the dispute and requesting informal 

negotiations. If the Parties cannot reach an agreed-upon resolution within ten (10) business days 

after receipt of the notice, either party may move the Court to resolve the dispute.

17. No motion or other proceeding seeking to enforce this Consent Decree or for 

contempt of Court shall be properly filed unless Sierra Club has followed the procedure set forth 

in Paragraph 16, and provided EPA with written notice received at least ten (10) business days 

before the filing of such motion or proceeding.

18. The Court shall retain jurisdiction to determine and effectuate compliance with 

this Consent Decree. When EPA’s obligations under Paragraphs 2 through 4 have been 

completed, any relevant notices have been published in the Federal Register, and any claim for 

costs of litigation, including reasonable attorney’s fees, has been resolved pursuant to the process 

described in Paragraph 13, the above-captioned matter shall be dismissed with prejudice. EPA 

shall file an appropriate notice with the Court so that the Clerk may close the file.

19. The Parties agree and acknowledge that before this Consent Decree can be 

finalized and entered by the Court, EPA must provide notice in the Federal Register and an 

opportunity for comment pursuant to CAA section 113(g), 42 U.S.C. § 7413(g). EPA will 

deliver a public notice of this Consent Decree to the Federal Register for review, publication, and 

public comment within ten (10) business days after lodging this Consent Decree with the Court. 

After this Consent Decree has undergone an opportunity for notice and comment, the 

Administrator and the Attorney General, as appropriate, will promptly consider any such written 

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comments in determining whether to withdraw or withhold consent to this Consent Decree, in 

accordance with section 113(g) of the CAA, 42 U.S.C. § 7413(g). If the Administrator or the 

Attorney General elects not to withdraw or withhold consent to this Consent Decree, the Parties 

will promptly file a motion that requests the Court to enter this Consent Decree.

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

authorized by the party they represent to bind that party to the terms of this Consent Decree.

SO ORDERED on this day of 2012.

JUDGE RICHARD W. ROBERTS

UNITED STATES DISTRICT JUDGE

SO AGREED:

FOR PLAINTIFF Sierra Club

ROBERT UKEILEY

Law Office of Robert Ukeiley

435R Chestnut Street, Suite 1

Berea, KY 40403

Phone: (859) 986-5402

Fax: (866) 618-1017

rukeiley@igc.org

DATED:

FOR DEFENDANT EPA IGNACIA S. MORENO

 Assistant Attorney General

 Environment & Natural Resources Division

CHRISTINA L. RICHMOND

Trial Attorney

United States Department of Justice 

Environment & Natural Resources Division

Environmental Defense Section

P.O. Box 7611

Washington, D.C. 20044

Phone: (202) 514-3376

Fax: (202) 514-8865

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christina.richmond2@usdoj.gov

DATED: 

Of Counsel for Defendant:

STEPHANIE L. HOGAN

Office of the General Counsel 

U.S. Environmental Protection Agency

Ariel Rios Bldg., MC 2344A

1200 Pennsylvania Ave., N.W.

Washington, D.C. 20460

Phone: (202) 564-3244

Fax: (202) 564-5603

hogan.stephanie@epa.gov

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