IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

 

Civil Action No. 1:11-cv-0001-CJA-MEH 

(Consolidated with 11-cv-00743-CMA-MEH) 

WILDEARTH GUARDIANS, 

 Plaintiffs, 

 v. 

LISA JACKSON, in her official capacity as 

Administrator, United States Environmental 

Protection Agency, 

 

 Defendant. 

______________________________________________________________________ 

STIPULATION TO EXTEND FOUR DEADLINES IN CONSENT DECREE 

______________________________________________________________________ 

 WHEREAS, Plaintiffs WildEarth Guardians (“Guardians”), National Parks 

Conservation Association (“NPCA”), and the Environmental Defense Fund, and 

Defendant Lisa Jackson, in her official capacity as Administrator of the United States 

Environmental Protection Agency (“EPA”) entered into a Consent Decree in this case, 

which the Court entered on September 27, 2011 (Doc. 67); 

WHEREAS, Paragraphs 5, 6, 8 and 9 of the Consent Decree require EPA to sign 

notices of proposed rulemaking or notices of final rulemaking to meet the regional haze 

implementation plan requirements that were due by December 17, 2007 under EPA’s 

regional haze regulations for the states of North Dakota, Montana, and Wyoming. 

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 WHEREAS, Paragraph 12 of the Consent Decree provides that the deadlines in 

Paragraphs 4 through 9 of the Consent Decree may be extended for a period of 60 days 

or less by written stipulation executed by counsel for EPA, Guardians and NPCA and 

filed with the Court. 

WHEREAS, EPA, Guardians and NPCA have agreed to extend the deadlines set 

forth in Paragraphs 5, 6, 8, and 9, each for a period of 60 days or less. These parties 

agree to extend the deadline in Paragraph 5 with respect to the issuance of a final 

regional haze plan for North Dakota from January 26, 2012, to March 2, 2012; the 

deadline in Paragraph 6 with respect to the issuance of a proposed regional haze plan 

for Wyoming from April 15, 2012, to May 15, 2012; the deadline in Paragraph 8 with 

respect to the issuance of a proposed regional haze plan for Montana from January 20, 

2012, to March 20, 2012; and the deadline in Paragraph 9 with respect to the issuance 

of a final regional haze plan for Montana from June 29, 2012 to August 15, 2012. 

 NOW THEREFORE, the parties stipulate and agree to extend the deadlines in 

Paragraphs 5, 6, 8, and 9 of the Consent Decree as follows: 

5. EPA shall by March 2, 2012, sign a notice of final rulemaking promulgating a FIP 

for the State of North Dakota, to meet the regional haze implementation plan 

requirements that were due by December 17, 2007 under EPA’s regional haze 

regulations, unless, by March 2, 2012, EPA has signed a notice of final 

rulemaking unconditionally approving a SIP, or promulgating a partial FIP and 

partial unconditional approval of a SIP, for the State of North Dakota that meets 

the regional haze implementation plan requirements that were due by December 

17, 2007 under EPA’s regional haze regulations. 

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6. By May 15, 2012, EPA shall sign a notice of proposed rulemaking in which it 

proposes approval of a SIP, promulgation of a FIP, partial approval of a SIP and 

promulgation of a partial FIP, or approval of a SIP or promulgation of a FIP in the 

alternative, for the State of Wyoming, to meet the regional haze implementation 

plan requirements that were due by December 17, 2007 under EPA’s regional 

haze regulations. 

8. By March 20, 2012, EPA shall sign a notice of proposed rulemaking in which it 

proposes approval of a SIP, promulgation of a FIP, partial approval of a SIP and 

promulgation of a partial FIP, or approval of a SIP or promulgation of a FIP in the 

alternative, for the State of Montana, to meet the regional haze implementation 

plan requirements that were due by December 17, 2007 under EPA’s regional 

haze regulations. 

9. EPA shall by August 15, 2012, sign a notice of final rulemaking promulgating a 

FIP for the State of Montana, to meet the regional haze implementation plan 

requirements that were due by December 17, 2007 under EPA’s regional haze 

regulations, unless, by August 15, 2012, EPA has signed a notice of final 

rulemaking unconditionally approving a SIP, or promulgating a partial FIP and 

partial unconditional approval of a SIP, for the State of Montana that meets the 

regional haze implementation plan requirements that were due by December 17, 

2007 under EPA’s regional haze regulations. 

 

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Dated: January 10, 2012. 

 FOR PLAINTIFF WILDEARTH GUARDIANS 

 s/Ashley D. Wilmes 

 __________________________ 

 Ashley D. Wilmes 

 WildEarth Guardians 

 827 Maxwell Ave., Suite L 

 Boulder, CO 80304 

 (859) 312-4162 

awilmes@wildearthguardians.org 

 

FOR PLAINTIFF NATIONAL PARKS 

CONSERVATION ASSOCIATION: 

s/ Reed Zars 

 ________________________ 

Reed Zars 

Attorney at Law 

910 Kearney Street 

Laramie, WY 82070 

307-745-7979 

rzars@lariat.org

 

 FOR DEFENDANT LISA JACKSON: 

 IGNACIA S. MORENO 

 Assistant Attorney General 

 Environment and Natural Resources Division 

 By: s/Alan D. Greenberg 

 ______________________ 

 ALAN D. GREENBERG 

 Environmental Defense Section 

 Environment and Natural Resources Division 

 U.S. Department of Justice 

 999 18th Street 

 South Terrace, Suite 370 

 Denver, CO 80202 

 (303) 844-1366 

alan.greenberg@usdoj.gov 

 

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CERTIFICATE OF SERVICE 

I hereby certify that on this 10th day of January 2012, I electronically filed the 

foregoing Stipulation to Extend Four Deadlines in Consent Decree with the Clerk of the 

Court using the CM/ECF system, which will send notification of such filing to the 

following e-mail addresses: 

Ashley Wilmes 

awilmes@wildearthguardians.org

Jay Tutchton 

jtutchton@wildearthguardinas.org

Pam Campos 

pcampos@edf.org

Reed Zars 

rzars@lariat.org

Paul M. Seby 

paul.seby@moyewhite.com

 s/ Alan D. Greenberg 

___________________ 

 

 

 

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