U.S. District Court 

District of Columbia (Washington, DC) 

CIVIL DOCKET FOR CASE #: 1:11-cv-01548-ABJ 

APPEAL,TYPE-C

NATIONAL PARKS CONSERVATION ASSOCIATION 

et al v. UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY et al 

Assigned to: Judge Amy Berman Jackson 

Cause: 33:1365 Environmental Matters

Case in other court: 12-05211

Date Filed: 08/29/2011 

Jury Demand: None 

Nature of Suit: 893 Environmental 

Matters 

Jurisdiction: U.S. Government 

Defendant

Plaintiff 

NATIONAL PARKS 

CONSERVATION ASSOCIATION

represented by David S. Baron 

EARTHJUSTICE 

1625 Massachusetts Avenue, NW 

Suite 702 

Washington, DC 20036 

(202) 667-4500 

Fax: (202) 667-2356 

Email: dbaron@earthjustice.org 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Reed Zars 

LAW OFFICES OF REED ZARS 

910 Kearney Street 

Laramie, WY 82070 

(307) 745-7979 

Fax: (307) 745-7999 

Email: rzars@lariat.org 

PRO HAC VICE 

ATTORNEY TO BE NOTICED

Plaintiff 

SIERRA CLUB represented by David S. Baron 

(See above for address) 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Reed Zars 

(See above for address) 

PRO HAC VICE 

ATTORNEY TO BE NOTICED

Plaintiff 

MONTANA ENVIRONMENTAL represented by David S. Baron 

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INFORMATION CENTER (See above for address) 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Reed Zars 

(See above for address) 

PRO HAC VICE 

ATTORNEY TO BE NOTICED

Plaintiff 

ENVIRONMENTAL DEFENSE 

FUND

represented by David S. Baron 

(See above for address) 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Reed Zars 

(See above for address) 

PRO HAC VICE 

ATTORNEY TO BE NOTICED

Plaintiff 

GRAND CANYON TRUST represented by David S. Baron 

(See above for address) 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Reed Zars 

(See above for address) 

PRO HAC VICE 

ATTORNEY TO BE NOTICED

Plaintiff 

SAN JUAN CITIZENS ALLIANCE represented by David S. Baron 

(See above for address) 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Reed Zars 

(See above for address) 

PRO HAC VICE 

ATTORNEY TO BE NOTICED

Plaintiff 

OUR CHILDREN'S EARTH 

FOUNDATION

represented by David S. Baron 

(See above for address) 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Reed Zars 

(See above for address) 

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PRO HAC VICE 

ATTORNEY TO BE NOTICED

Plaintiff 

PLAINS JUSTICE represented by David S. Baron 

(See above for address) 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Reed Zars 

(See above for address) 

PRO HAC VICE 

ATTORNEY TO BE NOTICED

Plaintiff 

POWDER RIVER BASIN 

RESOURCE COUNCIL

represented by David S. Baron 

(See above for address) 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Reed Zars 

(See above for address) 

PRO HAC VICE 

ATTORNEY TO BE NOTICED

V. 

Defendant 

UNITED STATES 

ENVIRONMENTAL PROTECTION 

AGENCY

represented by Eileen T. McDonough 

U.S. DOJ - ENVIRONMENTAL 

DEFENSE SECTION 

P.O. Box 23986 

L'Enfant Plaza Station 

Washington, DC 20026 

(202) 514-3126 

Fax: (202) 353-7763 

Email: eileen.mcdonough@usdoj.gov 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Stephanie J. Talbert 

U.S. DEPARTMENT OF JUSTICE 

P.O. BOX 7611 

Washington, DC 20026 

(202) 514-2617 

Fax: (202) 514-8865 

Email: stephanie.talbert@usdoj.gov 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

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Defendant 

LISA P. JACKSON 

in her official capacity as Administrator

represented by Eileen T. McDonough 

(See above for address) 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Stephanie J. Talbert 

(See above for address) 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

V. 

Intervenor Defendant 

STATE OF ARIZONA represented by James Todd Skardon 

ARIZONA ATTORNEY GENERAL'S 

OFFICE 

Department of Law Building 

1275 West Washington 

Phoenix, AZ 85007 

(602) 542-8535 

Email: james.skardon@azag.gov 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Joseph P. Mikitish 

ARIZONA ATTORNEY GENERAL'S 

OFFICE 

Department of Law Building 

1275 West Washington 

Phoenix, AZ 85007 

(602) 542-8553 

Email: joseph.mikitish@azag.gov 

LEAD ATTORNEY 

ATTORNEY TO BE NOTICED

Date Filed # Docket Text

08/29/2011 1 COMPLAINT against LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 350, receipt 

number 4616041737) filed by GRAND CANYON TRUST, SIERRA CLUB, 

SAN JUAN CITIZENS ALLIANCE, PLAINS JUSTICE, OUR CHILDREN'S 

EARTH FOUNDATION, MONTANA ENVIRONMENTAL 

INFORMATION CENTER, NATIONAL PARKS CONSERVATION 

ASSOCIATION, POWDER RIVER BASIN RESOURCE COUNCIL, 

ENVIRONMENTAL DEFENSE FUND. (Attachments: # 1 Civil Cover Sheet)

(jf, ) (Entered: 08/30/2011)

08/29/2011 SUMMONS (4) Issued as to LISA P. JACKSON, UNITED STATES 

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ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. 

Attorney General (jf, ) (Entered: 08/30/2011)

08/29/2011 2 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and 

Financial Interests NONE by ENVIRONMENTAL DEFENSE FUND, 

GRAND CANYON TRUST, MONTANA ENVIRONMENTAL 

INFORMATION CENTER, NATIONAL PARKS CONSERVATION 

ASSOCIATION, OUR CHILDREN'S EARTH FOUNDATION, PLAINS 

JUSTICE, POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN 

CITIZENS ALLIANCE, SIERRA CLUB (jf, ) (Entered: 08/30/2011)

10/28/2011 3 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, 

by LISA P. JACKSON (Attachments: # 1 Text of Proposed Order, # 2

Certificate of Service)(McDonough, Eileen) (Entered: 10/28/2011)

10/28/2011 MINUTE ORDER granting 3 Unopposed Motion for Extension of Time to 

Answer re 1 Complaint. The answer is due 11/9/2011. Signed by Judge Amy 

Berman Jackson on 10/28/2011. (MT) (Entered: 10/28/2011)

11/09/2011 4 NOTICE of Lodging of Consent Decree by LISA P. JACKSON (Attachments: 

# 1 Exhibit Proposed Consent Decree, # 2 Certificate of Service)(McDonough, 

Eileen) (Entered: 11/09/2011)

11/09/2011 5 ENTERED IN ERROR.....Unopposed MOTION for Extension of Time to File 

Answer re 1 Complaint, by LISA P. JACKSON (Attachments: # 1 Text of 

Proposed Order, # 2 Certificate of Service)(McDonough, Eileen) Modified on 

11/10/2011 (dr). (Entered: 11/09/2011)

11/09/2011 ENTERED IN ERROR.....MINUTE ORDER granting 5 Unopposed Motion 

for Extension of Time to Answer. The answer is due 12/14/2011. Signed by 

Judge Amy Berman Jackson on 11/9/2011. (MT) Modified on 11/10/2011 (dr). 

(Entered: 11/09/2011)

11/09/2011 MINUTE ORDER re 4 Notice of Lodging of Consent Decree. The parties are 

directed to file a report updating the Court on the status of the notice and 

comment procedure by 1/9/2012 if the defendant has not yet filed a motion 

seeking entry of the consent decree. Signed by Judge Amy Berman Jackson on 

11/9/2011. (MT) (Entered: 11/09/2011)

11/10/2011 NOTICE OF CORRECTED DOCKET ENTRY: re 5 MOTION for extension 

of time, and Order on Motion for Extension of Time to Answer was entered in 

error because it was filed in the wrong case. (dr) (Entered: 11/10/2011)

11/10/2011 6 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, 

by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order, # 2

Certificate of Service)(McDonough, Eileen) (Entered: 11/10/2011)

11/10/2011 MINUTE ORDER granting 6 Unopposed Motion for Extension of Time to 

Answer. The answer is due 12/14/2011. Signed by Judge Amy Berman 

Jackson on 11/10/2011. (MT) (Entered: 11/10/2011)

11/11/2011 Set/Reset Deadlines: If the Defendand has not yet filed a motion seeking the 

entry of a Consent Decree, The parties are directed to file, by 1/9/2012, a 

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report updating the Court on the status of the notice and comment procedure. 

(jth) (Entered: 11/11/2011)

11/18/2011 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Reed Zars, 

:Firm- Private Practice, :Address- 910 Kearney Street Laramie, WY 82070. 

Phone No. - 307-745-7979. Fax No. - 307-745-7999 by ENVIRONMENTAL 

DEFENSE FUND, GRAND CANYON TRUST, MONTANA 

ENVIRONMENTAL INFORMATION CENTER, NATIONAL PARKS 

CONSERVATION ASSOCIATION, OUR CHILDREN'S EARTH 

FOUNDATION, PLAINS JUSTICE, POWDER RIVER BASIN RESOURCE 

COUNCIL, SAN JUAN CITIZENS ALLIANCE, SIERRA CLUB 

(Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Baron, David) 

(Entered: 11/18/2011)

11/21/2011 MINUTE ORDER granting 7 Motion for Leave of Reed Zars to Appear Pro 

Hac Vice only upon condition that the lawyer admitted, or at least one member 

of the lawyer's firm, undergo CM/ECF training, obtain CM/ECF username and 

password, and agree to file papers electronically. No court papers will be 

mailed to any lawyer. Signed by Judge Amy Berman Jackson on 11/21/2011. 

(MT) (Entered: 11/21/2011)

12/22/2011 8 MOTION to Intervene by STATE OF ARIZONA (Attachments: # 1 Affidavit 

Eric Massey, # 2 Exhibit Answer, # 3 Text of Proposed Order)(rdj) (Entered: 

12/23/2011)

01/09/2012 9 Unopposed MOTION for Extension of Time to File Response/Reply as to 8

MOTION to Intervene by ENVIRONMENTAL DEFENSE FUND, GRAND 

CANYON TRUST, MONTANA ENVIRONMENTAL INFORMATION 

CENTER, NATIONAL PARKS CONSERVATION ASSOCIATION, OUR 

CHILDREN'S EARTH FOUNDATION, PLAINS JUSTICE, POWDER 

RIVER BASIN RESOURCE COUNCIL, SAN JUAN CITIZENS 

ALLIANCE, SIERRA CLUB (Attachments: # 1 Text of Proposed Order)

(Baron, David) (Entered: 01/09/2012)

01/09/2012 10 STATUS REPORT (Joint) by LISA P. JACKSON. (McDonough, Eileen) 

(Entered: 01/09/2012)

01/10/2012 MINUTE ORDER granting 9 Unopposed Motion for Extension of Time to File 

Response re 8 MOTION to Intervene. The response will be due by 1/13/2012. 

Signed by Judge Amy Berman Jackson on 1/10/2012. (MT) (Entered: 

01/10/2012)

01/10/2012 MINUTE ORDER re 10 Joint Status Report. The parties are directed to file a 

joint status report on 2/10/2012, if a motion to enter the consent decree has not 

been filed by that date. Signed by Judge Amy Berman Jackson on 1/10/2012. 

(MT) (Entered: 01/10/2012)

01/11/2012 Set/Reset Deadline: The parties are directed to file a joint status report on 

2/10/2012, If a motion to enter the consent decree has not been filed by that 

date. (jth) (Entered: 01/11/2012)

01/13/2012 11 STIPULATION re 8 MOTION to Intervene by ENVIRONMENTAL 

DEFENSE FUND, GRAND CANYON TRUST, MONTANA 

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ENVIRONMENTAL INFORMATION CENTER, NATIONAL PARKS 

CONSERVATION ASSOCIATION, OUR CHILDREN'S EARTH 

FOUNDATION, PLAINS JUSTICE, POWDER RIVER BASIN RESOURCE 

COUNCIL, SAN JUAN CITIZENS ALLIANCE, SIERRA CLUB, STATE OF 

ARIZONA. (Baron, David) (Entered: 01/13/2012)

01/20/2012 12 STIPULATED ORDER. Plaintiffs and Proposed-Intervenor Arizona stipulate 

to an order allowing Arizona to intervene as a defendant in this matter under 

the following conditions: (SEE THE ORDER FOR COMPLETE DETAILS 

ON THE CONDITIONS). Signed by Judge Amy Berman Jackson on 

1/19/2012. (jth) (Entered: 01/20/2012)

01/31/2012 13 Amended ANSWER to 1 Complaint, by STATE OF ARIZONA.(Skardon, 

James) (Entered: 01/31/2012)

02/01/2012 NOTICE OF ERROR re 13 Answer to Complaint; emailed to 

james.skardon@azag.gov, cc'd 8 associated attorneys -- The PDF file you 

docketed contained errors: 1. Invalid attorney signature (jf, ) (Entered: 

02/01/2012)

02/01/2012 14 (Corrected) Amended ANSWER to 1 Complaint, by STATE OF ARIZONA.

(Skardon, James) (Entered: 02/01/2012)

02/10/2012 15 STATUS REPORT (Joint) by LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY. (McDonough, Eileen) 

(Entered: 02/10/2012)

02/10/2012 MINUTE ORDER re 15 Joint Status Report. The parties are directed to file a 

joint status report on 2/27/2012, if a motion to enter the consent decree has not 

been filed by that date. Signed by Judge Amy Berman Jackson on 2/10/2012. 

(MT) (Entered: 02/10/2012)

02/11/2012 Set/Reset Deadlines: The parties are directed to file a joint status report by 

2/27/2012, if a motion to enter the consent decree has not been filed by that 

date. (jth) (Entered: 02/11/2012)

02/27/2012 16 STATUS REPORT (Joint) by LISA P. JACKSON. (McDonough, Eileen) 

(Entered: 02/27/2012)

03/06/2012 MINUTE ORDER re 16 Joint Status Report filed by LISA P. JACKSON. The 

defendant is directed to move to enter the consent decree or notify the Court 

that it is withholding or withdrawing its consent on or before March 23, 2012. 

If EPA does not move to enter the decree on or before that date, the parties 

shall meet and confer and submit a joint report to the Court pursuant to LCvR 

16.3(c), including a proposed schedule for further proceedings, by March 30, 

2012. Signed by Judge Amy Berman Jackson on 3/6/2012. (MT) (Entered: 

03/06/2012)

03/06/2012 Set/Reset Deadlines: Defendant to either move to enter the consent decree or to 

notify the Court that it is withholding or withdrawing its consent by 3/23/2012; 

If EPA does not move to enter the consent decree by that date, the parties shall 

meet, confer and file a Joint Report pursuant to LCvR 16.3(c), including a 

proposed scheduled for further proceedings by 3/30/2012. (jth) (Entered: 

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03/06/2012)

03/23/2012 17 ENTERED IN ERROR.....MOTION to Approve Consent Judgment (Partial)

by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY (Attachments: # 1 Memorandum in Support, # 2

Exhibit Proposed Partial Consent Decree, # 3 Text of Proposed Order)

(McDonough, Eileen) Modified on 3/23/2012 (rdj). (Entered: 03/23/2012)

03/23/2012 NOTICE OF CORRECTED DOCKET ENTRY: re 17 MOTION to Approve 

Consent Judgment (Partial) MOTION to Approve Consent Judgment (Partial)

was entered in error at the request of counsel and counsel will refile said 

pleading. (rdj) (Entered: 03/23/2012)

03/23/2012 18 ENTERED IN ERROR.... MOTION to Approve Consent Judgment (Partial) 

(Correction) by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY (Attachments: # 1 Memorandum in Support, # 2

Exhibit Proposed Partial Consent Decree, # 3 Text of Proposed Order)

(McDonough, Eileen) Modified on 3/26/2012 (znmw, ). (Entered: 03/23/2012)

03/26/2012 NOTICE OF ERROR re 18 Motion to Approve Consent Judgment; emailed to 

eileen.mcdonough@usdoj.gov, cc'd 8 associated attorneys -- The PDF file you 

docketed contained errors: 1. Incorrect document/case, 2. Please refile 

document, 3. Entered in error; Main document is a proposed order; No motion 

attached. (znmw, ) (Entered: 03/26/2012)

03/27/2012 19 MOTION to Approve Consent Judgment (Partial) (Corrected) by UNITED 

STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1

Memorandum in Support, # 2 Exhibit Proposed Partial Consent Decree, # 3

Text of Proposed Order)(McDonough, Eileen) (Entered: 03/27/2012)

03/30/2012 20 ORDER granting Defendant's 19 Motion to Enter Partial Consent Decreee. The 

Partial Consent Decree will be signed and entered as an Order of this Court. 

Signed by Judge Amy Berman Jackson on 3/30/2012. (jth) (Entered: 

03/30/2012)

03/30/2012 21 PARTIAL CONSENT DECREE. Signed by Judge Amy Berman Jackson on 

3/30/2012. (jth) (Entered: 03/30/2012)

03/30/2012 MINUTE ORDER: The parties are directed to meet and confer and submit a 

joint report by 4/13/2012 advising the Court of the status of the remaining 

claims and the parties' joint position (or their respective positions if there is no 

agreement) on what procedure and schedule should be followed to resolve 

those matters. Signed by Judge Amy Berman Jackson on 3/30/2012. (MT) 

(Entered: 03/30/2012)

03/30/2012 Set/Reset Deadlines: Meet & Confer Joint Report due by 4/13/2012. (jth) 

(Entered: 03/30/2012)

04/02/2012 22 MOTION for Reconsideration re 21 Consent Decree, 20 Order on Motion to 

Approve Consent Judgment Motion for Withdrawal of Entry of Consent 

Decree by STATE OF ARIZONA (Attachments: # 1 Text of Proposed Order)

(Skardon, James) (Entered: 04/02/2012)

04/03/2012 MINUTE ORDER Intervenor Arizona's objections to the entry of the partial 

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consent decree were set out in its memorandum in support of its motion to 

intervene and addressed by the EPA in its motion for entry of the decree. The 

order entering the partial consent decree specifically indicated that the Court 

had taken the objections to the consent decree into account. However, since 

EPA has no objection to this motion, the Court will stay the execution of the 

consent decree as to Arizona until after the Court has reviewed Arizona's 

formal opposition to the motion for the partial consent decree and any reply 

thereto. Arizona's opposition to the partial consent decree is due on or before 

April 10, 2012, and any reply is due on or before April 17, 2012. In light of 

this ruling, the motion for reconsideration [Dkt. # 22] is denied as moot. 

Signed by Judge Amy Berman Jackson on 4/3/2012. (lcabj2) (Entered: 

04/03/2012)

04/03/2012 Set/Reset Deadlines: Arizona's opposition to the partial consent decree is due 

by 4/10/2012, any reply is due by 4/17/2012. (jth) (Entered: 04/03/2012)

04/10/2012 23 ENTERED IN ERROR.....Memorandum in opposition to re 19 MOTION to 

Approve Consent Judgment (Partial) (Corrected) MOTION to Approve 

Consent Judgment (Partial) (Corrected) filed by STATE OF ARIZONA. 

(Skardon, James) Modified on 4/11/2012 (jf, ). (Entered: 04/10/2012)

04/10/2012 24 Memorandum in opposition to re 21 PARTIAL CONSENT DECREE filed by 

STATE OF ARIZONA. (Attachments: # 1 Proposed Order)(Skardon, James) 

Modified on 4/18/2012 to correct docket link (jf, ). (Entered: 04/10/2012)

04/13/2012 25 STIPULATION re 21 Consent Decree To Extend Deadline by LISA P. 

JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY. (McDonough, Eileen) (Entered: 04/13/2012)

04/13/2012 26 STATUS REPORT (Joint) by LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY. (McDonough, Eileen) 

(Entered: 04/13/2012)

04/16/2012 MINUTE SCHEDULING ORDER re 26 Status Report filed by LISA P. 

JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY. In an effort to resolve the conflicts between the two proposed 

schedules, and to accommodate the Court's preference for sequential briefing, 

counsel's schedule, and plaintiffs' desire for the last word, the Court has 

established the following schedule: defendant's motion for summary judgment 

will be due 5/15/2012; plaintiffs' combined opposition and cross-motion for 

summary judgment will be due 6/8/2012; defendant's combined reply and 

opposition to the cross-motion is due 6/22/2012; and plaintiffs' reply will be 

due 6/29/2012. Signed by Judge Amy Berman Jackson on 4/16/2012. (MT) 

Modified on 4/17/2012 to reflect that this is a minute order (jth). (Entered: 

04/16/2012)

04/17/2012 Set/Reset Deadlines: Defendant's motion for summary judgment is due by 

5/15/2012; Plaintiffs' combined opposition and cross motion for summary 

judgment is due by 6/8/2012; Defendant's combined reply and opposition to 

the cross motion is due by 6/22/2012; Plaintiffs' reply to the cross motion is 

due by 6/29/2012. (jth) (Entered: 04/17/2012)

04/17/2012 27 REPLY to opposition to motion re 19 MOTION to Approve Consent Judgment 

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(Partial) (Corrected) MOTION to Approve Consent Judgment (Partial) 

(Corrected) filed by UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY. (Attachments: # 1 Exhibit)(McDonough, Eileen) (Entered: 

04/17/2012)

04/17/2012 28 REPLY re 24 Memorandum in opposition to re 21 PARTIAL CONSENT 

DECREE filed by ENVIRONMENTAL DEFENSE FUND, GRAND 

CANYON TRUST, LISA P. JACKSON, MONTANA ENVIRONMENTAL 

INFORMATION CENTER, NATIONAL PARKS CONSERVATION 

ASSOCIATION, OUR CHILDREN'S EARTH FOUNDATION, PLAINS 

JUSTICE, POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN 

CITIZENS ALLIANCE, SIERRA CLUB. (Zars, Reed) Modified on 4/18/2012 

to correct docket text (jf, ). (Entered: 04/17/2012)

05/13/2012 29 Unopposed MOTION for Extension of Time to Brief Summary Judgment by 

LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY (Attachments: # 1 Text of Proposed Order)(McDonough, Eileen) 

(Entered: 05/13/2012)

05/14/2012 30 STIPULATION re 21 Consent Decree Deadlines by LISA P. JACKSON, 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. 

(McDonough, Eileen) (Entered: 05/14/2012)

05/14/2012 MINUTE ORDER granting 29 Unopposed Motion for Extension of Time to 

Brief Summary Judgment. Defendant's motion for summary judgment will be 

due 5/29/2012 with opposition to motion for summary judgment and crossmotion for summary judgment due 6/22/2012, with reply to summary 

judgment and opposition to cross-motion for summary judgment due 7/6/2012, 

and reply to cross-motion for summary judgment due 7/13/2012. Signed by 

Judge Amy Berman Jackson on 5/14/2012. (MT) (Entered: 05/14/2012)

05/14/2012 31 MOTION for Extension of Time to File Appeal by STATE OF ARIZONA 

(Attachments: # 1 Text of Proposed Order)(Skardon, James) (Entered: 

05/14/2012)

05/15/2012 32 RESPONSE re 31 MOTION for Extension of Time to File Appeal filed by 

ENVIRONMENTAL DEFENSE FUND, GRAND CANYON TRUST, 

MONTANA ENVIRONMENTAL INFORMATION CENTER, NATIONAL 

PARKS CONSERVATION ASSOCIATION, OUR CHILDREN'S EARTH 

FOUNDATION, PLAINS JUSTICE, POWDER RIVER BASIN RESOURCE 

COUNCIL, SAN JUAN CITIZENS ALLIANCE, SIERRA CLUB. (Baron, 

David) (Entered: 05/15/2012)

05/16/2012 Set/Reset Deadlines: Summary Judgment motion due by 5/29/2012; 

Opposition andCross Motion due by 6/22/2012; Reply to the Motion for 

Summary Judgment and Opposition to the Cross Motion due by 7/6/2012; 

Reply to Cross Motion due by 7/13/2012. (jth) (Entered: 05/16/2012)

05/18/2012 33 NOTICE of Appearance by Stephanie J. Talbert on behalf of UNITED 

STATES ENVIRONMENTAL PROTECTION AGENCY (Talbert, Stephanie) 

(Main Document 33 replaced on 5/21/2012) (jf, ). (Entered: 05/18/2012)

05/23/2012 34 Unopposed MOTION for Extension of Time to File Cross-Motions for 

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Summary Judgment by LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of 

Proposed Order)(Talbert, Stephanie) (Entered: 05/23/2012)

05/23/2012 MINUTE ORDER granting 34 Unopposed Motion for Extension of Time. 

Defendant's motion for summary judgment will be due 6/12/2012, with the 

opposition and cross-motion due 7/6/2012, the reply and opposition to the 

cross-motion will be due 7/20/2012, and the reply to the cross-motion will be 

due 7/27/2012. Signed by Judge Amy Berman Jackson on 5/23/2012. (MT) 

(Entered: 05/23/2012)

05/23/2012 Set/Reset Deadlines: Defendant's Motion for Summary Judgment will be due 

6/12/2012; Opposition and Cross-Motion due 7/6/2012; Reply and Opposition 

to the Cross-Motion due 7/20/2012; Reply to the Cross-Motion due by 

7/27/2012. (jth) (Entered: 05/23/2012)

05/25/2012 35 MEMORANDUM OPINION AND ORDER denying 31 Motion for Extension 

of Time as moot in the light of the Court's ruling on the merits on the motion 

for reconsideration. Accordingly, the Court will lift the stay of the execution of 

the Consent Decree as to Arizona. But given the amount of time that has 

elapsed while the Court considered Arizona's opposition, the Court will grant 

an additional thirty days to file an appeal. Thus, Arizona must file any required 

notice of appeal on or before June 28, 2012. Signed by Judge Amy Berman 

Jackson on 5/25/2012. (lcabj2) (Entered: 05/25/2012)

05/29/2012 36 STIPULATION To Amend Consent Decree by LISA P. JACKSON, UNITED 

STATES ENVIRONMENTAL PROTECTION AGENCY. (Talbert, 

Stephanie) (Entered: 05/29/2012)

06/05/2012 37 Unopposed MOTION for Extension of Time to File Cross-Motions for 

Summary Judgment by LISA P. JACKSON (Attachments: # 1 Text of 

Proposed Order)(Talbert, Stephanie) (Entered: 06/05/2012)

06/06/2012 MINUTE ORDER granting 37 Unopposed Motion for Extension of Time. 

EPA's motion for summary judgment will be due 6/22/2012, with plaintiffs' 

opposition and cross-motion due 7/16/2012, with EPA's reply and crossmotion opposition due 7/30/2012, and plaintiffs' cross-motion reply due 

8/6/2012. Signed by Judge Amy Berman Jackson on 6/6/2012. (MT) (Entered: 

06/06/2012)

06/07/2012 Set/Reset Deadlines: Defendants' Summary Judgment motion is due by 

6/22/2012; Plaintiffs' Opposition and Cross Motion due by 7/16/2012; Reply to 

Motion for Summary Judgment and Opposition to the Cross Motion is due by 

7/30/2012; Reply to Cross Motion is due by 8/6/2012. (jth) (Entered: 

06/07/2012)

06/08/2012 38 NOTICE of Correction to Third Stipulation to Amend Consent Decree by 

LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY re 36 Stipulation (Talbert, Stephanie) (Entered: 06/08/2012)

06/15/2012 39 MOTION to Amend/Correct Partial Consent Decree by LISA P. JACKSON, 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

(Attachments: # 1 Text of Proposed Order)(Talbert, Stephanie) (Entered: 

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06/15/2012)

06/15/2012 MINUTE ORDER granting 39 Motion to Amend Partial Consent Decree. 

Signed by Judge Amy Berman Jackson on 6/15/2012. (MT) (Entered: 

06/15/2012)

06/15/2012 MINUTE ORDER: The portion of the minute order granting 39 Motion to 

Amend Partial Consent Decree that relates to Arizona will be held in abeyance 

until the Court receives Arizona's opposition to the motion. Signed by Judge 

Amy Berman Jackson on 6/15/2012. (MT) (Entered: 06/15/2012)

06/20/2012 40 Unopposed MOTION for Extension of Time to File Summary Judgment by 

LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY (Attachments: # 1 Text of Proposed Order)(McDonough, Eileen) 

(Entered: 06/20/2012)

06/20/2012 41 Memorandum in opposition to re 39 MOTION to Amend/Correct Partial 

Consent Decree filed by STATE OF ARIZONA. (Attachments: # 1 Proposed 

Order)(Skardon, James) (Entered: 06/20/2012)

06/21/2012 MINUTE ORDER granting 40 Unopposed Motion for Extension of Time to 

File Summary Judgment. EPA's motion for summary judgment will be due 

6/29/2012, with plaintiffs' opposition and cross-motion due 7/23/2012, with 

EPA's reply and opposition to cross-motion due 8/6/2012, and plaintiffs' reply 

to the cross-motion due 8/13/2012. Signed by Judge Amy Berman Jackson on 

6/21/2012. (MT) (Entered: 06/21/2012)

06/21/2012 Set/Reset Deadlines: EPA's motion for summary judgment due 6/29/2012; 

Opposition and Cross-Motion due 7/23/2012; Reply and Cross-Opposition due 

8/6/2012; Cross-Reply due 8/13/2012. (jth) (Entered: 06/21/2012)

06/27/2012 42 ENTERED IN ERROR.....NOTICE OF APPEAL TO DC CIRCUIT COURT 

as to 21 Consent Decree by STATE OF ARIZONA. Fee Status: No Fee Paid. 

Parties have been notified. (Skardon, James) Modified on 6/28/2012 (jf, ). 

(Entered: 06/27/2012)

06/27/2012 43 NOTICE OF APPEAL TO DC CIRCUIT COURT as to 21 Consent Decree by 

STATE OF ARIZONA. Filing fee $ 455, receipt number 0090-2984867. Fee 

Status: Fee Paid. Parties have been notified. (Skardon, James) (Entered: 

06/27/2012)

06/28/2012 NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 42 Notice 

of Appeal to DC Circuit Court was entered in error and refiled by counsel. (See 

Docket Entry 43 to view document) (jf, ) (Entered: 06/28/2012)

06/28/2012 44 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to 

US Court of Appeals. The Court of Appeals fee was paid this date re 43 Notice 

of Appeal to DC Circuit Court. (jf, ) (Entered: 06/28/2012)

06/29/2012 45 Unopposed MOTION to Stay re Order on Motion for Extension of Time to 

File, by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)

(McDonough, Eileen) Modified on 6/29/2012 (jf, ). (Entered: 06/29/2012)

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06/29/2012 46 REPLY to opposition to motion re 39 MOTION to Amend/Correct Partial 

Consent Decree filed by LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY. (McDonough, Eileen) 

(Entered: 06/29/2012)

07/02/2012 MINUTE ORDER Defendant EPA has filed a motion seeking to amend the 

Partial Consent Decree in this matter. [Dkt. # 39]. In particular, EPA seeks to 

extend the deadlines for the proposed and final actions for certain of the 

regional haze State Implementation Plans ("SIPs"). Plaintiffs do not oppose the 

motion, but the Defendant-Intervenor State of Arizona has objected. [Dkt. # 

41]. Arizona's concerns, however, do not require denial of the motion. 

Arizona's first contention is that the Clean Air Act does not authorize the EPA 

to impose a Federal Implementation Plan ("FIP"). This concern lacks merit 

because the Consent Decree does not require the EPA to promulgate a FIP as 

opposed to other options, such as promulgating a SIP or combination of a FIP 

and SIP. Second, Arizona argues that the extension would delay its right to a 

decision on the Section 308 Plan by August 2012, which they represent is the 

requirement under the statute. This question is not yet ripe because EPA has 

not yet missed the deadline. Finally, Arizona complains that the extension 

would allow EPA to split its decision on Arizona's Section 308 plan into two 

different phases, which would violate the Clean Air Act. This question is also 

not ripe because the EPA has not yet taken final action with respect to the SIP 

submitted by Arizona and may well not split its decision into two different 

parts. There will be legal avenues available to Arizona if EPA does not act in 

accordance with the law in those situations. Accordingly, the Court will no 

longer hold in abeyance its minute order granting the motion to amend with 

respect to Arizona. Signed by Judge Amy Berman Jackson on 7/2/2012. 

(lcabj2) (Entered: 07/02/2012)

07/02/2012 47 ORDER Granting 45 Unopposed Motion to Stay the Briefing Schedule on the 

Florida-related claims in this matter filed by Defendants. If Defendants do not 

lodge a consent decree with the Court by 7/20/2012, Plaintiffs may move to lift 

the stay and seek prompt commencement of summary judgment briefing. 

(PLEASE READ THE ORDER FOR COMPLETE DETAILS OF 

SUMMARY JUDGMENT BRIEFING). Signed by Judge Amy Berman 

Jackson on 7/1/2012. (jth) (Entered: 07/02/2012)

07/05/2012 USCA Case Number 12-5211 for 43 Notice of Appeal to DC Circuit Court 

filed by STATE OF ARIZONA. (jf, ) (Entered: 07/05/2012)

07/06/2012 48 MOTION for Extension of Time to File Fee Application by 

ENVIRONMENTAL DEFENSE FUND, GRAND CANYON TRUST, 

MONTANA ENVIRONMENTAL INFORMATION CENTER, NATIONAL 

PARKS CONSERVATION ASSOCIATION, OUR CHILDREN'S EARTH 

FOUNDATION, PLAINS JUSTICE, POWDER RIVER BASIN RESOURCE 

COUNCIL, SAN JUAN CITIZENS ALLIANCE, SIERRA CLUB 

(Attachments: # 1 Text of Proposed Order Proposed Order)(Baron, David) 

(Entered: 07/06/2012)

07/06/2012 MINUTE ORDER granting 48 Motion for Extension of Time to File Fee 

Application. It is ordered that paragraph 8 of the Partial Consent Decree 

entered by the Court on March 30, 2012, is amended to allow plaintiffs until 

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December 15, 2012, to file their motion for litigation costs (including 

attorneys' fees). Signed by Judge Amy Berman Jackson on 7/6/2012. (MT) 

(Entered: 07/06/2012)

07/09/2012 Set/Reset Deadlines: Paragraph 8 of the Partial Consent Decree entered by the 

Court on 3/30/2012, is amended to allow plaintiffs until 12/15/2012, to file 

their motion for litigation costs (including attorneys' fees). (jth) (Entered: 

07/09/2012)

07/13/2012 49 STIPULATION re 21 Consent Decree Modifying Deadline by LISA P. 

JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY. (McDonough, Eileen) (Entered: 07/13/2012)

07/15/2012 50 Unopposed MOTION to Amend/Correct 21 Consent Decree by LISA P. 

JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY (Attachments: # 1 Text of Proposed Order)(McDonough, Eileen) 

(Entered: 07/15/2012)

07/20/2012 51 NOTICE OF LODGING OF PROPOSED PARTIAL CONSENT DECREE by 

LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY (Attachments: # 1 proposed partial consent decree)(McDonough, 

Eileen) (Entered: 07/20/2012)

08/07/2012 MINUTE ORDER granting 50 Motion to Amend/Correct Consent Decree. 

Signed by Judge Amy Berman Jackson on 8/7/2012. (lcabj2) (Entered: 

08/07/2012)

09/14/2012 52 STIPULATION re 21 Consent Decree (Amending Deadline for Connecticut)

by LISA P. JACKSON. (McDonough, Eileen) (Entered: 09/14/2012)

09/28/2012 53 Unopposed MOTION to Approve Consent Judgment (Second Partial) by 

LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY (Attachments: # 1 Exhibit Proposed Second Partial Consent Decree, 

# 2 Text of Proposed Order)(McDonough, Eileen) (Entered: 09/28/2012)

10/01/2012 54 ORDER, Upon consideration of Defendant's Motion to Enter the Second 

Partial Consent Decree, it is hereby ordered that the motion is GRANTED. The 

Second Partial Consent Decree will be signed and entered as an Order of this 

Court. Signed by Judge Amy Berman Jackson on 10/1/2012. (see order) (kc ) 

(Entered: 10/01/2012)

10/01/2012 55 SECOND PARTIAL CONSENT DECREE. Signed by Judge Amy Berman 

Jackson on 10/1/2012. (kc ) (Entered: 10/01/2012)

11/08/2012 56 STIPULATION re 21 Consent Decree (amending Minnesota and Michigan) by 

LISA P. JACKSON. (McDonough, Eileen) (Entered: 11/08/2012)

11/08/2012 57 Unopposed MOTION to Amend/Correct 21 Consent Decree (Re Connecticut)

by LISA P. JACKSON (Attachments: # 1 Text of Proposed Order)

(McDonough, Eileen) (Entered: 11/08/2012)

11/09/2012 MINUTE ORDER granting 57 the Unopposed Motion to Amend Consent 

Decree (re Connecticut). It is ORDERED that Table A of the Consent Decree 

is modified to establish a deadline of January 11, 2013 for signature of a 

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proposed rule under Paragraph 3 for Connecticut and to extend the deadline for 

signature of a final rule under Paragraph 4 for Connecticut until April 26, 

2013. Signed by Judge Amy Berman Jackson on 11/9/12. (DMK) (Entered: 

11/09/2012)

11/11/2012 58 Unopposed MOTION to Amend/Correct 21 Consent Decree (Arizona) by 

LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed 

Order)(McDonough, Eileen) (Entered: 11/11/2012)

11/13/2012 MINUTE ORDER granting 58 the Unopposed Motion to Amend Consent 

Decree (re Arizona). It is ORDERED that by December 8, 2012, the EPA will 

sign a notice of proposed rulemaking to approve or disapprove, in whole or in 

part, the remaining elements of the state implementation plan ("SIP") revision 

submitted by Arizona on February 28, 2011 ("2011 SIP submittal"); by July 

15, 2013, EPA will sign a notice of final rulemaking to approve or disapprove, 

in whole or in part, the remaining elements of the 2011 SIP submittal; by 

March 8, 2013, EPA will sign a notice of proposed rulemaking to promulgate a 

federal implementation ("FIP") for all remaining elements of Arizona's 

regional haze plan, including any elements of the 2011 SIP submittal that EPA 

has proposed to disapprove, 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, by October 15, 2013, EPA will sign a notice of final rulemaking to 

promulgate a FIP for all remaining elements of Arizona's regional haze plan, 

including any elements of the 2011 SIP submittal that EPA has proposed to 

disapprove, 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. Signed by Judge 

Amy Berman Jackson on 11/13/2012. (lcabj2) (Entered: 11/13/2012)

11/15/2012 59 STIPULATION re 21 Consent Decree (Michigan/Minnesota) by LISA P. 

JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY. (McDonough, Eileen) (Entered: 11/15/2012)

11/15/2012 60 STIPULATION re 55 Order, 54 Order, (Florida) by LISA P. JACKSON, 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. 

(McDonough, Eileen) (Entered: 11/15/2012)

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