UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

In re: ENVIRONMENTAL DEFENSE

CENTER and NATURAL RESOURCES

DEFENSE COUNCIL, INC.,

ENVIRONMENTAL DEFENSE

CENTER and NATURAL RESOURCES

DEFENSE COUNCIL, INC.,

 Petitioners,

 v.

U.S. ENVIRONMENTAL PROTECTION

AGENCY,

 Real Party in Interest.

No. 14-80184

ORDER

Before: REINHARDT, TASHIMA, and RAWLINSON, Circuit Judges.

The joint motion for entry of the proposed order is granted. The Clerk shall

enter the proposed order submitted by the parties with their August 26, 2015 joint

motion.

This petition is held in abeyance pending the filing of status reports and

further order of this court.

FILED

SEP 14 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

CC/MOATT

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No. 14-80184

IN THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

IN RE ENVIRONMENTAL DEFENSE CENTER & NATURAL

RESOURCES DEFENSE COUNCIL, INC.

ENVIRONMENTAL DEFENSE CENTER & NATURAL RESOURCES

DEFENSE COUNCIL, INC.,

Petitioners,

v.

U.S. ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

[PROPOSED] ORDER

Upon consideration of the parties’ joint motion for entry of order, it is 

ORDERED that the motion be granted. It is further ORDERED that:

(1) For the purposes of this Order, the term “MS4 Issues” shall mean 

those matters identified by the Court in its 2003 opinion in

Environmental Defense Center, Inc. v. U.S. Environmental Protection 

Agency (EDC v. EPA), 344 F.3d 832 (9th Cir. 2003), as grounds for 

vacating and remanding portions of the Phase II rule relating to 

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municipal separate storm sewer system (MS4) general permits. 344 

F.3d at 832, 858, 879. “Forest Road Issue” shall mean the Court’s 

direction in EDC v. EPA that the U.S. Environmental Protection 

Agency (EPA) consider and decide in an appropriate proceeding that 

allows for judicial review whether Clean Water Act section 

402(p)(6), 33 U.S.C. § 1342(p)(6), requires that stormwater 

discharges from forest roads be regulated. 344 F.3d at 863, 879. 

(2) On or before December 17, 2015, EPA shall sign for publication in the 

Federal Register a notice of proposed rulemaking to respond to the 

Court’s vacatur and remand regarding the MS4 Issues. EPA shall 

promptly transmit the notice of proposed rulemaking to the Office of 

the Federal Register, and shall notify the Court of the signature 

within five business days of the date of signature.

(3) On or before November 17, 2016, EPA shall sign for publication a 

final rule regarding the MS4 Issues, to fully comply with the Court’s

vacatur and remand regarding the MS4 Issues. EPA shall promptly 

transmit the final rule to the Office of the Federal Register for 

publication, and shall notify the Court of the signature within five 

business days of the date of signature.

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(4) On or before May 26, 2016, EPA shall sign for publication a notice 

setting forth EPA’s determination as to whether stormwater 

discharges from forest roads are required to be regulated pursuant 

to Clean Water Act section 402(p)(6), 33 U.S.C. § 1342(p)(6), to fully 

comply with the Court’s remand regarding the Forest Road Issue. 

EPA shall promptly transmit the determination to the Office for the 

Federal Register for publication, and shall notify the Court of the 

signature within five business days of the date of signature.

(5) No later than 120 days from the date of this Order, and at 120-day 

intervals thereafter, EPA shall file in this Court reports on the status 

of EPA’s progress towards compliance with this Order and 

implementation of the actions in paragraphs 2 through 4.

(6) The parties may extend the deadlines set forth in paragraphs 2 

through 5 by written stipulation executed by counsel for the parties 

and filed with the Court. Neither EDC nor NRDC shall unreasonably 

refuse to consent to one extension of each deadline of no more than 

seven calendar days. In the event that the parties cannot agree to the 

terms of a requested extension, any party may, after meeting and 

conferring, move this Court for relief. 

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(7) The Court shall retain jurisdiction over this case to enforce this Order 

until EPA complies with the deadlines in paragraphs 2 through 5, and 

to hear any motion for litigation costs, including attorneys’ fees, by 

EDC and/or NRDC. Any deadline imposed by Ninth Circuit Rule 39-

1.6, or by any other rule or provision of law, for seeking fees and 

costs is extended until 90 days after the entry of this Order. 

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CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the foregoing with the Clerk of 

the Court of Appeals for the Ninth Circuit by using the appellate CM/ECF 

system on August 26, 2015.

I certify that all participants in the case are registered CM/ECF users 

and that service will be accomplished by the appellate CM/ECF system.

/s/ Jaclyn H. Prange

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