### U.S. District Court District of Columb ia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:11-cv-01548-ABJ APPEAL,TYPE-C

NATIONAL PARKS CONSERVATION ASSOCIATION et al v. UNITED ST ATES 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 Page 1 of 15 District of Columbia live database

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_ 0-1INFORMATION 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) Page 2 of 15 District of Columbia live database

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_ 0-1PRO 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 Page 3 of 15 District of Columbia live database

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_ 0-1Defendant
LISA P. JACKSON in her official capac ity 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 AGEN CY ( Filing fee $ 350, receipt number 4616041737) filed by GRAND CANY ON TRUST, SIERRA CLUB, SAN JUAN CITIZENS ALLIANCE, PLAI NS JUSTICE, OUR CHILDREN'S EARTH FOUNDATION, MO NTANA ENVIRONMENTAL INFORMATION CENTER, NATIONAL PARKS CONSERVATION ASSOCIATION, POWDER RIVE R 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 Page 4 of 15 District of Columbia live database

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_ 0-1ENVIRONMENTAL PROTECTION AGEN CY, 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 EN VIRONMENTAL 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)(McD onough, 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)(M cDonough, Eileen) Modified on 11/10/2011 (dr). (Entered: 11/09/2011)

11/09/2011 ENTERED IN ERROR.....M INUTE 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 11/9/20 11. (MT) Modified on 11/10/2011 (dr). (Entered: 11/09/2011)

11/09/2011 MINUTE ORDER re 4 Notice of Lodging of Consen t 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 de fendant 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 Extensi on 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, UNIT ED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(McD onough, 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 Page 5 of 15 District of Columbia live database

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_ 0-1report 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 Ha c 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 CITIZEN S 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 th at 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 elec tronically. 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 Or der)(rdj) (Entered: 12/23/2011)

01/09/2012 9 Unopposed MOTION for Extension of Ti me to File Response/Reply as to 8 MOTION to Intervene by ENVIRO NMENTAL DEFENSE FUND, GRAND CANYON TRUST, MONTANA ENVIRONMENTAL INFORMATION CENTER, NATIONAL PARKS CONS ERVATION ASSOCIATION, OUR CHILDREN'S EARTH FOUNDATION , PLAINS JUSTICE, POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN CITIZENS ALLIANCE, SIERRA CL UB (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 Extens ion of Time to File Response re 8 MOTION to Intervene. The response will be due by 1/13/2012. Signed by Judge Amy Berman Jack son 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 dir ected to file a joint status report on 2/10/2012, If a motion to enter the consen t decree has not been filed by that date. (jth) (Entered: 01/11/2012)

01/13/2012 11 STIPULATION re 8 MOTION to Interven e by ENVIRONMENTAL DEFENSE FUND, GRAND CANYON TRUST, MONTANA Page 6 of 15 District of Columbia live database

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_ 0-1ENVIRONMENTAL INFORMATION CENTER, NATIONAL PARKS CONSERVATION ASSOCIATION, OUR CHILDREN'S EARTH FOUNDATION, PLAINS JUSTICE, POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN CITIZENS ALLI ANCE, 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 interven e as a defendant in this matter under the following conditions: (SEE TH E 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 at torney 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 dir ected to file a joint status report by 2/27/2012, if a motion to enter the consen t 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 ente r the consent decree or notify the Court that it is withholding or withdrawi ng 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 join t report to the Court pursuant to LCvR 16.3(c), including a proposed schedule fo r further proceedings, by March 30, 2012. Signed by Judge Amy Berman Ja ckson 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 consen t decree by that date, the parties shall meet, confer and file a Joint Repor t pursuant to LCvR 16.3(c), including a proposed scheduled for further pro ceedings by 3/30/2012. (jth) (Entered: Page 7 of 15 District of Columbia live database

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_ 0-103/06/2012)

03/23/2012 17 ENTERED IN ERROR.....MOTION to Approve Consent Judgment (Partial) by LISA P. JACKSON, UNIT ED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Memorandum in Support, # 2 Exhibit Proposed Part ial 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, UNIT ED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Memorandum in Support, # 2 Exhibit Proposed Part ial 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 associat ed attorneys -- The PDF file you docketed contained errors: 1. Incorrect document/case, 2. Please refile document, 3. Entered in error; Main doc ument 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 PROTECTI ON AGENCY (Attachments: # 1 Memorandum in Support, # 2 Exhibit Proposed Part ial Consent Decree, # 3 Text of Proposed Order)(McD onough, 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 Cour t 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 sche dule should be followed to resolve those matters. Signed by Judge Am y Berman Jackson on 3/30/2012. (MT) (Entered: 03/30/2012)

03/30/2012 Set/Reset Deadlines: Meet & Conf er 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 object ions to the entry of the partial Page 8 of 15 District of Columbia live database

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_ 0-1consent decree were set out in its memorandum in support of its motion to intervene and addressed by the EPA in it s 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 af ter 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 partia l 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 reconsiderat ion [Dkt. # 22] is denied as moot. Signed by Judge Amy Berman Jacks on 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.....Memora ndum 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 dock et 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 th e conflicts between the two proposed schedules, and to accommodate the Cour t's preference for sequential briefing, counsel's schedule, and plaintiffs' desi re for the last word, the Court has established the following schedule: de fendant's motion for summary judgment will be due 5/15/2012; plaintiffs' co mbined 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 th is is a minute order (jth). (Entered: 04/16/2012)

04/17/2012 Set/Reset Deadlines: Defendant's mo tion 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; Plai ntiffs' 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 Page 9 of 15 District of Columbia live database

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_ 0-1(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 ENVIRONMEN TAL DEFENSE FUND, GRAND CANYON TRUST, LISA P. JACK SON, MONTANA ENVIRONMENTAL INFORMATION CENTER, NATIONAL PARKS CONSERVATION ASSOCIATION, OUR CHILDREN'S EARTH FOUNDATION, PLAINS JUSTICE, POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN CITIZENS ALLIANCE, SI ERRA 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 STA TES 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 ENVIRONMEN TAL 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 su mmary 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 Appealfiled by ENVIRONMENTAL DEFENSE FUND, GRAND CANYON TRUST, MONTANA ENVIRONMENTAL INFO RMATION CENTER, NATIONAL PARKS CONSERVATION ASSOCIATION, OUR CHILDREN'S EARTH FOUNDATION, PLAINS JUSTICE, POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN CITIZENS A LLIANCE, 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 Page 10 of 15 District of Columbia live database

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_ 0-1Summary Judgment by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Talbert, Ste phanie) (Entered: 05/23/2012)

05/23/2012 MINUTE ORDER granting 34 Unopposed Motion for Extension of Time. Defendant's motion for summary judgmen t 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 th e 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: Defe ndant'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 OPINIO N 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. Accordi ngly, 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 Ar izona's opposition, the Court will grant an additional thirty days to file an a ppeal. 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. (lcabj 2) (Entered: 05/25/2012)

05/29/2012 36 STIPULATION To Amend Consent Decree by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROT ECTION 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, Ste phanie) (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 plai ntiffs' cross-motion reply due 8/6/2012. Signed by Judge Amy Berman Ja ckson 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 Cr oss Motion due by 7/16/2012; Reply to Motion for Summary Judgment and Opposit ion 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 Stipul ation to Amend Consent Decree by LISA P. JACKSON, UNITED STA TES ENVIRONMENTAL PROTECTION AGENCY re 36 Stipulation (Talbert, St ephanie) (Entered: 06/08/2012)

06/15/2012 39 MOTION to Amend/Correct Partial Consent Decree by LISA P. JACKSON, UNITED STATES ENVIRONMEN TAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Tal bert, Stephanie) (Entered: Page 11 of 15 District of Columbia live database

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06/15/2012 MINUTE ORDER granting 39 Motion to Amend Partial Consent Decree. Signed by Judge Amy Berman Jack son 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 relate s 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 STA TES 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-mo tion due 8/6/2012, and plaintiffs' reply to the cross-motion due 8/13/2012. Signe d 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 AR IZONA. 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 f ee $ 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 Co urt 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 Co urt. (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, UN ITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order) (McDonough, Eileen) Modified on 6/29/ 2012 (jf, ). (Entered: 06/29/2012) Page 12 of 15 District of Columbia live database

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_ 0-106/29/2012 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 file d a motion seeking to amend the Partial Consent Decree in this matter. [D kt. # 39]. In particular, EPA seeks to extend the deadlines for the proposed and final actions for certain of the regional haze State Implementation Plan s ("SIPs"). Plaintiffs do not oppose the motion, but the Defendant-Intervenor St ate of Arizona has objected. [Dkt. # 41]. Arizona's concerns, however, do not require denial of the motion. Arizona's first contention is that the Cl ean Air Act does not authorize the EPA to impose a Federal Implementation Plan ("FIP"). This concern lacks merit because the Consent Decree does not requi re the EPA to promulgate a FIP as opposed to other options, such as promul gating a SIP or comb ination of a FIP and SIP. Second, Arizona ar gues that the extension w ould delay its right to a decision on the Section 308 Plan by August 2012, which they represent is the requirement under the statute. This quest ion is not yet ripe because EPA has not yet missed the deadline. Finally, Ar izona 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 take n 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 avai lable to Arizona if EPA does not act in accordance with the law in those situ ations. 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 commen cement 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. (j th) (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 INFO RMATION CENTER, NATIONAL PARKS CONSERVATION ASSOCIATION, OUR CHILDREN'S EARTH FOUNDATION, PLAINS JUSTICE, POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN CITIZEN S ALLIANCE, SIERRA CLUB (Attachments: # 1 Text of Proposed Order Pr oposed 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 para graph 8 of the Partial Consent Decree entered by the Court on March 30, 2012, is amended to allow plaintiffs until Page 13 of 15 District of Columbia live database

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_ 0-1December 15, 2012, to file their moti on 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 th e 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 (includi ng 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 PROPOSE D PARTIAL CONSENT DECREE by LISA P. JACKSON, UNITED STA TES 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 Jacks on 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. (McDonou gh, Eileen) (Entered: 09/14/2012)

09/28/2012 53 Unopposed MOTION to Approve Consent Judgment (Second Partial) by LISA P. JACKSON, UNITED STA TES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Exhibit Proposed Second Partial Consent Decree, # 2 Text of Proposed Order)(McD onough, Eileen) (Entered: 09/28/2012)

10/01/2012 54 ORDER, Upon consideration of Defe ndant'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 si gned 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 Moti on to Amend Consent Decree (re Connecticut). It is ORDERE D that Table A of the Consent Decree is modified to establish a deadline of January 11, 2013 for signature of a Page 14 of 15 District of Columbia live database

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_ 0-1proposed rule under Paragraph 3 for Connecticut and to extend the deadline for signature of a final rule under Paragr aph 4 for Connecticut until April 26, 2013. Signed by Judge Amy Berman Ja ckson 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 STA TES 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 Moti on to Amend Consent Decree (re Arizona). It is ORDERED that by December 8, 2012, the EPA will sign a notice of proposed rulemaking to a pprove or disapprove, in whole or in part, the remaining elements of the st ate 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 ru lemaking 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 al l remaining elements of Arizona's regional haze plan, including any elemen ts 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 implementa tion 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 elem ents 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 regiona l 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 ENVIRONMEN TAL PROTECTION AGENCY. (McDonough, Eileen) (Entered: 11/15/2012)



### PACER Service Center Transaction Receipt

11/15/2012 14:56:52 PACER Login: de2073 Client Code: Description: Docket Report Search Criteria: 1:11-cv-01548-ABJ Billable Pages: 12 Cost: 1.20 Page 15 of 15 District of Columbia live database

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