Notice of Lodging of Proposed Consent Decree 1 Case No. 11-cv-3779 WHA

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IGNACIA S. MORENO

Assistant Attorney General

Environment & Natural Resources Division

PAUL CIRINO

United States Department of Justice

Environment & Natural Resources Division

P.O. Box 23986

Washington, D.C. 20026-3986

Telephone: (202) 514-1542

Facsimile: (202) 514-8865

paul.cirino@usdoj.gov

Attorneys for Defendants

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

EL COMITÉ PARA EL BIENESTAR DE 

EARLIMART and ASSOCIATION OF 

IRRITATED RESIDENTS,

 Plaintiffs,

vs.

UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY, LISA JACKSON,

and JARED BLUMENFELD,

 Defendants.

 Case No. 11-cv-3779 WHA

 NOTICE OF LODGING OF

 PROPOSED CONSENT DECREE

 

 

Case3:11-cv-03779-WHA Document22 Filed11/14/11 Page1 of 3
Notice of Lodging of Proposed Consent Decree 2 Case No. 11-cv-3779 WHA

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Defendants United States Environmental Protection Agency, Lisa Jackson, in her official 

capacity as Administrator of the United States Environmental Protection Agency (“EPA”), and 

Jared Blumenfeld, in his official capacity as Regional Administrator for EPA Region IX, 

respectfully lodge with the Court the accompanying proposed Consent Decree that contains the 

terms of a proposed settlement of this civil action. (See Attachment 1, Consent Decree.)

The proposed Consent Decree should not be signed or entered by the Court at this 

time. Pursuant to Section 113(g) of the Clean Air Act, 42 U.S.C. § 7413(g), the EPA 

Administrator must provide “a reasonable opportunity by notice in the Federal Register to 

persons who are not named as parties or intervenors to the action or matter to comment in 

writing” upon the proposed consent decree. Accordingly, EPA will publish in the Federal 

Register a notice of the proposed consent decree and request comments. After a reasonable 

comment period, the EPA Administrator will promptly consider any written comments received 

and, if none of the comments disclose facts or considerations that indicate that the proposed 

Consent Decree is inappropriate, improper, inadequate, or inconsistent with the requirements of 

the Clean Air Act, Defendants will move for entry of the decree.

Dated: November 14, 2011 Respectfully submitted,

IGNACIA S. MORENO

Assistant Attorney General

Environment & Natural Resources Division

 /s/ Paul Cirino 

PAUL CIRINO

U.S. Department of Justice

Environment & Natural Resources Division

Environmental Defense Section

P.O. Box 23986

Washington, D.C. 20026-3986

Telephone: (202) 514-1542

Facsimile: (202) 514-8865

E-mail: paul.cirino@usdoj.gov

Attorneys for Defendants

Case3:11-cv-03779-WHA Document22 Filed11/14/11 Page2 of 3
Notice of Lodging of Proposed Consent Decree 3 Case No. 11-cv-3779 WHA

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OF COUNSEL:

Jan M. Tierney

Office of General Counsel

United States Environmental Protection Agency

Washington, D.C.

Jefferson Wehling

Office of Regional Counsel

United States Environmental Protection Agency, Region IX

San Francisco, California

CERTIFICATE OF SERVICE

I hereby certify that, on November 14, 2011, a true and correct copy of the foregoing 

Notice of Lodging of Proposed Consent Decree was served electronically via the Court’s ECF

system to Counsel of Record to the following counsel:

Brent Newell

Alegría De La Cruz

Center on Race, Poverty & the Environment

47 Kearny Street, Suite 804

San Francisco, California 94108

bnewell@crpe-ej.org

adelacruz@crpe-ej.org

 

 /s/ Paul Cirino 

 Paul Cirino

Case3:11-cv-03779-WHA Document22 Filed11/14/11 Page3 of 3