UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

SIERRA CLUB,

 Plaintiff,

v.

LISA P. JACKSON, in her Official Capacity 

as Administrator of the United States 

Environmental Protection Agency,

 Defendant.

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Civ. No. 1:11-cv-00035-GK

NOTICE OF LODGING OF CONSENT DECREE

PLEASE TAKE NOTICE that Defendant Lisa P. Jackson, in her official capacity as 

Administrator of the Environmental Protection Agency (“EPA” or “Defendant”), hereby submits 

for lodging only with this Court a proposed consent decree in this case. The proposed consent 

decree should not be filed or entered by the Court unless the United States subsequently moves 

this Court to do so.

1. This case is a Clean Air Act citizen suit in which Plaintiff Sierra Club alleges that 

Defendant Lisa P. Jackson, in her official capacity as Administrator of the Environmental 

Protection Agency (“EPA” or “Defendant”), has failed to perform duties mandated by Clean Air 

Act (“CAA”) section 110(k)(2), 42 U.S.C. § 7410(k)(2); section 110(c)(1)(A), 42 U.S.C. § 

7410(c)(1)(A); and section 179(a), 42 U.S.C. § 7509(a).

2. Subject to the provisions of section 113(g) of the CAA, 42 U.S.C. § 7413(g), as 

described below, Plaintiff and EPA have resolved the claims in this case, and have set forth their 

agreement in the proposed consent decree that is being submitted to the Court herewith for 

lodging only.

Case 1:11-cv-00035-GK Document 12 Filed 11/30/11 Page 1 of 4
3. Pursuant to section 113(g) of the Clean Air Act, 42 U.S.C. § 7413(g), before the 

consent decree can be finalized and entered by the Court, the EPA Administrator must provide “a 

reasonable opportunity by notice in the Federal Register to persons who are not named as parties 

or intervenors to the action” to comment in writing upon the proposed decree. After a reasonable 

public comment period, the EPA Administrator must promptly consider any written comments 

received. Id. 

4. If none of the comments discloses facts or considerations which indicate that the 

consent decree is inappropriate, improper, inadequate or inconsistent with the requirements of 

the Clean Air Act, the Administrator will request the Court to enter the consent decree. Id.

5. A copy of the proposed consent decree is attached hereto as Exhibit A. The

United States anticipates that the notice of the consent decree will be published in the Federal 

Register within the next several days or weeks. 

6. The proposed consent decree addresses Plaintiffs’ allegations by requiring EPA to 

take action by certain dates as set forth in the consent decree. Compliance with the proposed 

consent decree will be complete when the actions listed in paragraphs 4 through 6 are performed. 

Paragraph 11 provides for the Court to retain jurisdiction to determine and effectuate compliance 

with the consent decree. When EPA’s obligations under the consent decree have been 

completed, EPA shall file an appropriate notice with the Court and Plaintiffs will have twenty 

days to respond to such motion. 

Accordingly, the United States respectfully requests that this Court lodge the proposed 

consent decree, but not file it. The United States will make an appropriate motion promptly after 

evaluating any public comments received during the public comment period.

Respectfully submitted,

Case 1:11-cv-00035-GK Document 12 Filed 11/30/11 Page 2 of 4
OF COUNSEL:

Jan Tierney

Office of General Counsel

U.S. Environmental Protection Agency

Ariel Rios Building

1200 Pennsylvania Avenue, N.W.

Washington, D.C. 20460

IGNACIA S. MORENO

Assistant Attorney General 

Environment and Natural Resources Division

 s/ Christina Richmond 

CHRISTINA RICHMOND 

Environmental Defense Section

U.S. Department of Justice

P.O. Box 23986

Washington, D.C. 20026-3986

Telephone: (202) 514-3376

E-mail: christina.richmond2@usdoj.gov 

Street address:

601 D Street, NW, Suite 8000

Washington, D.C. 20004

Attorneys for Defendant

Dated November 30, 2011

Case 1:11-cv-00035-GK Document 12 Filed 11/30/11 Page 3 of 4
CERTIFICATE OF SERVICE

I certify that on November 30, 2011, a copy of the foregoing was served by the Court’s 

ECF-system upon:

Robert Ukeiley

435 R Chestnut Street 

Suite 1 

Berea, KY 40403 

(859) 986-5402 

Fax: (866) 618-1017 

Email: rukeiley@igc.org

/s/ Christina L. Richmond

CHRISTINA L. RICHMOND

Case 1:11-cv-00035-GK Document 12 Filed 11/30/11 Page 4 of 4