SETTLEMENT AGREEMENT

WHEREAS, Plaintiffs Louisiana Environmental Action Network and Concerned Citizens 

of Livingston Parish (collectively “Plaintiffs”) have submitted, pursuant to section 505(b)(2) of the 

Clean Air Act, 42 U.S.C. § 7661d(b)(2), an administrative petition to Defendant, Lisa Jackson, 

Administrator of the U.S. Environmental Protection Agency (“EPA”), to object to issuance of air 

permit No. 1740-00025V1 to Waste Management for the Woodside Landfill in Walker, Livingston 

Parish, Louisiana (hereinafter the “Woodside Petition”);

WHEREAS, Plaintiffs have filed a complaint styled as Louisiana Environmental Action 

Network v. Lisa Jackson, No. 1:09-cv-01943-HHK (D.D.C.), alleging that the EPA has a 

nondiscretionary duty under section 505(b)(2) of the Clean Air Act, to respond to the abovementioned Woodside Petition within 60 days of the filing of the Petition and further alleging that 

EPA has not responded to the Petition;

WHEREAS, EPA and Plaintiffs (collectively, the “Parties”) wish to implement this 

Settlement Agreement (“Agreement”) to avoid protracted and costly litigation and to preserve 

judicial resources;

NOW, THEREFORE, the Parties, intending to be bound by this Agreement, hereby 

stipulate and agree as follows:

1. Within 10 days after this Agreement is executed by the Parties (i.e., signed), but 

before finalization pursuant to paragraph 5 of this Agreement, the Parties shall file a joint motion 

with the Court notifying it of this Agreement and requesting that this case be stayed pending 

completion of, and subject to, the terms of this Agreement.

2. EPA shall sign no later than May 28, 2010, a response to the Woodside Petition 

pursuant to Section 505(b)(2) of the Clean Air Act. Once EPA signs a response to the Woodside 
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Petition, EPA shall provide written notice to Plaintiffs, through their undersigned counsel, as 

expeditiously as possible.

3. Plaintiffs shall file a motion for voluntary dismissal of the complaint, with 

prejudice, within 30 days of May 28, 2010, in accordance with Rule 41(a)(1) of the Federal Rules 

of Civil Procedure provided that EPA undertakes the action provided in Paragraph 2 by the date set 

forth therein. 

4. If EPA fails to take action as set forth in Paragraph 2, Plaintiffs’ sole remedy under 

this Agreement shall be the right to ask the Court to lift the stay of proceedings and establish a 

schedule for further proceedings.

5. The Parties agree and acknowledge that before this Agreement is final, EPA must 

provide notice in the Federal Register and an opportunity for public comment pursuant to Clean 

Air Act section 113(g), 42 U.S.C. § 7413(g). EPA shall submit said notice of this Agreement to 

the Federal Register as expeditiously as possible. After this Agreement has undergone an 

opportunity for notice and comment, the Administrator or the Attorney General, as appropriate, 

shall promptly consider any such written comments in determining whether to withdraw or 

withhold her or his consent to the Agreement, in accordance with section 113(g) of the Clean Air 

Act. Once the Administrator or the Attorney General elects whether or not to withdraw or 

withhold her or his consent to this Agreement, EPA shall provide written notice to Plaintiffs, 

through their undersigned counsel, as expeditiously as possible. This Agreement shall become 

final on the date that EPA provides such written notice to Plaintiffs that the Agreement is final. If 

EPA does not provide such written notice within 60 days after the notice of the Agreement is 

published in the Federal Register, Plaintiffs’ sole remedy with respect to the Woodside Petition 

shall be the right to ask the Court to lift the stay of proceedings and establish a schedule for further 

proceedings.
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6. Nothing in this Agreement shall be construed to limit or modify the discretion 

accorded EPA by the Clean Air Act or by general principles of administrative law.

7. If the Agreement becomes final under Paragraph 5 and EPA undertakes the action 

set forth in Paragraph 2, the United States, on behalf of EPA, shall pay the sum of five thousand 

dollars ($5000.00) to Tulane Environmental Law Clinic, as counsel for Plaintiffs, in full and 

complete settlement of Plaintiffs’ claims for attorneys’ fees and costs in the above-referenced 

matter. Plaintiffs and EPA agree that the amount provided herein constitutes a fair, reasonable and 

full and complete settlement of all claims for attorney fees and costs under any provision of law 

that Plaintiffs asserted or could have asserted in connection with this litigation. The payment from 

the United States shall be made as soon as reasonably practicable after dismissal of this case as set 

forth in Paragraph 3 by electronic wire transfer in accordance with instructions provided by 

Plaintiffs.

8. Except as set forth in this Agreement, the Parties retain all rights, claims, defenses, 

and discretion they may otherwise have.

9. The commitments of EPA in this Settlement Agreement are subject to the 

availability of appropriated funds. No provision of this Agreement shall be interpreted as or 

constitute a commitment or requirement that EPA obligate or pay funds in contravention of the 

Anti-Deficiency Act, 31 U.S.C. § 1341. In the event that sufficient appropriated funding is not 

available, Plaintiffs’ sole remedy is set forth in Paragraphs 4 and 5. 

10. The undersigned representatives of each Party certify that they are fully authorized 

by the Party that they represent to bind that Party to the terms of this Agreement.

IGNACIA S. MORENO

Assistant Attorney General

________________________________ ______________________________

JESSICA O’DONNELL ADAM BABICH
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United States Department of Justice Tulane Environmental Law Clinic

Environment & Natural Resources Division 6329 Freret Street

Environmental Defense Section New Orleans, LA 70118-6321

P.O. Box 23986 (504) 865-5789

Washington, D.C. 20026-3986

(202) 305-0851 For Plaintiffs, Louisiana Environmental 

Action Network and Concerned Citizens of 

Livingston Parish

For Defendant, Lisa Jackson Dated:

Dated: