1/

 The parties have also agreed that it would be appropriate to extend some of the other deadlines

in the Consent Decree by more than 60 days and will be submitting a joint motion to modify the

Consent Decree to extend those deadlines.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

OAKLAND DIVISION

 

WILDEARTH GUARDIANS, )

)

Plaintiff )

)

)

v. ) NO. 4:09-CV-02453-CW 

)

)

LISA JACKSON, in her official capacity as )

Administrator of the Environmental )

Protection Agency )

)

Defendant )

 

NOTICE OF STIPULATED EXTENSIONS

TO CONSENT DECREE DEADLINES

Paragraph 9 of the Consent Decree entered in this case (Docket Entry 26) provides that

the deadlines in the Consent Decree may by extended by up to 60 days by written stipulation of

the parties to the Consent Decree filed with the Court. No action by the Court is required for

such an extension.

The parties have agreed to extend some of the deadlines in paragraph 6 of the Consent

Decree.1/

 Accordingly, pursuant to paragraph 9 of the Consent Decree, defendant Lisa Jackson,

Case4:09-cv-02453-CW Document33 Filed04/28/11 Page1 of 3
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in her official capacity as EPA Administrator, and plaintiff Wild Earth Guardians hereby

stipulate that: 

(1) the date by which EPA must either approve a SIP or promulgate a FIP for Oregon to

meet the requirements of 42 U.S.C. § 7410(a)(2)(D)(i)(I) regarding contributing significantly to

nonattainment in other states and interfering with maintenance of attainment in other states for

the 1997 NAAQS for 8-hour ozone and PM2.5 and is extended to May 31, 2011;

(2) the date by which EPA must either approve a SIP or promulgate a FIP for Colorado to

meet the requirements of 42 U.S.C. § 7410(a)(2)(D)(i)(I) regarding contributing significantly to

nonattainment in other states and interfering with maintenance of attainment in other states for

the 1997 NAAQS for PM2.5 is extended to May 31, 2011;

(3) the date by which EPA must either approve a SIP or promulgate a FIP for Colorado to

meet the requirements of 42 U.S.C. § 7410(a)(2)(D)(i)(II) regarding interfering with measures in

other states related to prevention of significant deterioration of air quality is extended to May 31,

2011; 

(4) the date by which EPA must either approve a SIP or promulgate a FIP for California

to meet the requirements of 42 U.S.C. § 7410(a)(2)(D)(i)(II) regarding interfering with measures

in other states related to prevention of significant deterioration of air quality is extended to July

10, 2011;

(5) the date by which EPA must approve a SIP, promulgate a FIP, or approve a SIP in

part with promulgation of a partial FIP for New Mexico to meet the requirement of 42 U.S.C.

§ 7410(a)(2)(D)(i)(II) regarding interfering with measures in other states related to protection of

visibility is extended to August 5, 2011.

Case4:09-cv-02453-CW Document33 Filed04/28/11 Page2 of 3
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Respectfully Submitted,

April 28, 2011 IGNACIA S. MORENO

Assistant Attorney General 

Environment and Natural Resources

Division

 /S/ Norman L. Rave, Jr. 

Norman L. Rave. Jr., Trial Attorney

Environmental Defense Section

U.S. Department of Justice

P.O. Box 23986

Washington, DC 20026-3986

Telephone : (202) 616-7568

Fax: (202) 514-8865 

Email: norman.rave@usdoj.gov

Counsel for Defendant

 /S/ James J. Tutchton 

James J. Tutchton (CA Bar No. 150908)

WildEarth Guardians

1536 Wynkoop St., Suite 301

Denver, CO 80202

Telephone: (303) 573-4898

Email: jtutchton@wi1dearthguardians.org

Of Counsel:

Robert Ukeiley

Law Office of Robert Ukeiley

435R Chestnut Street, Suite 1

Berea, KY 40403

Tel: (859) 986-5402

Fax: (859) 618-1017

E-mail: rukeiley@igc.org

Counsel for Plaintiff

Case4:09-cv-02453-CW Document33 Filed04/28/11 Page3 of 3