UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF COLUMBIA 

__________________________________________ 

) 

SIERRA CLUB, ) 

) 

Plaintiff, ) 

v. ) Civil Action No. 12-cv-1917 

 ) 

GINA MCCARTHY, in her official ) Hon. Rosemary Collyer 

capacity as Administrator ) 

of the United States Environmental ) 

Protection Agency, ) 

) 

Defendant. ) 

_________________________________________ ) 

STIPULATION EXTENDING

CONSENT DECREE DEADLINES

WHEREAS, Plaintiff the Sierra Club and Defendant Gina McCarthy, Administrator of 

the United States Environmental Protection Agency (“EPA”), both of whom shall be referred to 

herein collectively as the “ Parties,” negotiated a Consent Decree to resolve the substantive 

claims at issue in the above-captioned case; 

WHEREAS, the Consent Decree was entered on September 24, 2013 (Docket No. 13); 

WHEREAS, Paragraph 2 of the Consent Decree established a deadline of October 15, 

2013, for the U.S. Environmental Protection Agency to take final action on a State 

Implementation Plan submittal for the State of Wyoming regarding the infrastructure SIP 

requirements of CAA sections 110(a)(2)(A)-(C), (E)-(H) and (J)-(M), 42 U.S.C §§ 

7410(a)(2)(A)-(C), (E)-(H) and (J)-(M), with respect to the 1997 fine particulate matter National 

Ambient Air Quality Standard (“Wyoming SIP”); 

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WHEREAS, at the end of the day on September 30, 2013, the appropriations act that had 

been funding the Department of Justice and the Environmental Protection Agency expired and 

appropriations lapsed until October 17, 2013, two days after the deadline established in the 

Consent Decree; 

WHEREAS, due to that lapse in appropriations, the deadline in Paragraph 2 of the 

Consent Decree was initially extended by a Minute Order dated October 10, 2013, to a date that 

corresponds to October 31, 2013; 

WHEREAS, due to the same lapse in appropriations, EPA requires at least two additional 

weeks to take final action on the Wyoming SIP; and 

WHEREAS, for the same reason, the Parties require additional time beyond the 

November 23, 2013, deadline established in Paragraph 11 of the Consent Decree to resolve 

Sierra Club’s claim for costs of litigation; 

 NOW THEREFORE, in consideration of the promises set forth herein, the Parties agree 

as follows: 

1. Pursuant to Paragraph 5 of the Consent Decree, the following deadlines for taking 

final action are hereby modified as follows: 

 a. The deadline in Paragraph 2 of the Consent Decree for taking final action 

on the Wyoming SIP is further extended until November 15, 2013; and 

b. The deadline in Paragraph 11 of the Consent Decree for filing a motion for 

costs of litigation, including reasonable attorney’s fees, is extended until February 28, 2014. 

2. The Parties intend for all provisions of the Consent Decree to remain in full force 

and effect, except as specifically modified or amended by this Stipulation. 

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3. The undersigned representative of each of the Parties certifies that he or she is 

fully authorized to enter into the terms and conditions of this Stipulation and to legally bind such 

party to all terms and conditions of this document. 

 4. This Stipulation may be executed in counterparts, with separate signature pages, 

and the separately executed documents, taken together, shall constitute and have the force and 

effect of an executed agreement as if there was only one fully executed signature page. 

 

Dated: October 30, 2013 /s/ Kimberly Sturm (HEG by permission) 

KIMBERLY A. STURM, ESQ. 

260 Peachtree Street, N.W. 

Suite 1200 

Atlanta, GA 30303 

Counsel for Plaintiff 

Dated: October 30, 2013 /s/ Heather E. Gange 

HEATHER E. GANGE 

U.S. Department of Justice 

Environment & Natural Resources Division 

Environmental Defense Section 

P.O. Box 7611 

Washington, DC 20044 

Tel. 202.514.4206 

Fax. 202-514.8865 

 Counsel for Defendant

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