SETTLEMENT AGREEMENT 

WHEREAS, Plaintiffs Louisiana Environmental Action Network and Sierra Club 

(“Plaintiffs”) filed, pursuant to section 505(b)(2) of the Clean Air Act, 42 U.S.C. § 7661d(b)(2), 

a petition on June 25, 2010, with Defendant, Lisa Jackson, Administrator of the U.S. 

Environmental Protection Agency (“EPA”), requesting, inter alia, that EPA object to Title V 

operating permit no. 2560-00281-V0 issued by the Louisiana Department of Environmental 

Quality (“LDEQ”) to Consolidated Environmental Management, Inc.—Nucor Steel Louisiana 

(“Nucor”) for a pig iron manufacturing process in St. James Parish, Louisiana (the “June 2010 

Petition”); 

WHEREAS, Plaintiffs filed, pursuant to section 505(b)(2) of the Clean Air Act, 42 

U.S.C. § 7661d(b)(2), another petition on May 3, 2011, with EPA, requesting, inter alia, that 

EPA object to Title V operating permit nos. 2560-00281-V1 and 3086-V0 issued by LDEQ to 

Nucor for a pig iron manufacturing process and a direct reduced iron manufacturing process, 

respectively, in St. James Parish, Louisiana (the “May 2011 Petition”); 

WHEREAS, Plaintiffs filed, pursuant to section 505(b)(2) of the Clean Air Act, 42 

U.S.C. § 7661d(b)(2), another petition on October 3, 2012, with EPA, requesting that EPA object 

to Title V operating permit nos. 2560-00281-V0, 2560-00281-V1, and 3086-V0 issued by LDEQ 

to Nucor for the reasons expressed in the June 2010 Petition and the May 2011 Petition (the 

“October 2012 Petition”); 

WHEREAS, Plaintiffs filed a First Amended Complaint on October 29, 2012, in 

Louisiana Environmental Action Network and Sierra Club v. Jackson, Case No. 12-1096 

(D.D.C.) (hereinafter, “LEAN v. Jackson”), pursuant to section 304(a)(2) of the Clean Air Act, 

42 U.S.C. § 7604(a)(2), alleging that EPA has a nondiscretionary duty under section 505(b)(2) of 

the Clean Air Act, 42 U.S.C. § 7661d(b)(2), to grant or deny the June 2010 Petition and the May 
2 

2011 Petition within 60 days of the filing of the petitions and further alleging that EPA has not 

granted or denied the petitions; 

WHEREAS, EPA filed an Answer to the First Amended Complaint on November 14, 

2012, in which EPA does not admit any allegation of law alleged in Plaintiffs’ First Amended 

Complaint and asserts several defenses; 

WHEREAS, on January 7, 2013, the Court in LEAN v. Jackson entered an order granting 

the Parties’ joint motion to stay this case to accommodate ongoing settlement discussions; 

WHEREAS, Plaintiffs and EPA (collectively the “Parties”) wish to effect a settlement of 

LEAN v. Jackson to avoid protracted and costly litigation and to preserve judicial resources; 

WHEREAS, the Parties consider this Settlement Agreement to be an adequate and 

equitable resolution of the claims at issue in LEAN v. Jackson; 

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

hereby stipulate and agree as follows: 

1. Not later than April 29, 2013, EPA shall sign an order granting or denying 

Specific Objection I in the May 2011 Petition under 42 U.S.C. § 7661d(b)(2). Specific 

Objection I is contained on pages 5-6 of the May 2011 Petition under the heading “EPA Must 

Object to the Title V Permits Because LDEQ Failed to Aggregate PSD Permitting for Emissions 

from the Entire Facility.” Once EPA signs such order, EPA shall promptly provide written 

notice to Plaintiffs through their undersigned counsel. 

2. Not later than October 17, 2013, EPA shall sign an order or orders 

granting or denying the June 2010 Petition and the May 2011 Petition (except Specific Objection 

I) under 42 U.S.C. § 7661d(b)(2). Once EPA signs such order or orders, EPA shall promptly 

provide written notice to Plaintiffs through their undersigned counsel. 
3 

3. The Parties understand and agree that nothing in this Settlement Agreement 

requires EPA to provide any further response to any petition by Zen-Noh Grain Corporation, or 

any part of such petition, as part of responding to Plaintiffs’ June 2010 Petition, the May 2011 

Petition, or any part(s) thereof, pursuant to the obligations described in Paragraphs 1 and 2. 

4. Plaintiffs agree not to initiate litigation seeking judicial review of any EPA order 

denying the June 2010 Petition, the May 2011 Petition, or any part(s) thereof, until within 60 

days from the date when notice of such order has been published in the Federal Register. EPA 

does not waive or limit any defense relating to such litigation. Once EPA signs an order or 

orders granting or denying the June 2010 Petition and the May 2011 Petition (except Specific 

Objection I) pursuant to Paragraph 2, EPA shall promptly deliver notice of all orders signed 

pursuant to Paragraphs 1 and 2 to the Office of Federal Register for review and publication. 

Following such delivery to the Office of Federal Register, EPA shall not take any action (other 

than is necessary to correct typographical errors or other errors in form) to delay or otherwise 

interfere with the publication of such notices in the Federal Register. EPA shall promptly 

provide written notice to Plaintiffs through their undersigned counsel when publication of any 

such notice in the Federal Register occurs. 

5. Plaintiffs shall file a motion for voluntary dismissal of the First Amended 

Complaint with prejudice in LEAN v. Jackson, pursuant to Federal Rule of Civil Procedure 

41(a), within 15 days after whichever of the following events occurs last, provided all of the 

following have occurred: 

a) this Settlement Agreement becomes final under Paragraph 7; and 

b) EPA has provided Plaintiffs written notice as required in Paragraphs 1 and 2. 
4 

6. In the event EPA fails to fulfill the obligations described in Paragraphs 1 or 2 of 

this Settlement Agreement, Plaintiffs’ sole remedy shall be the right to ask the Court to lift the 

stay of proceedings in LEAN v. Jackson and establish a schedule for further proceedings. EPA 

does not waive or limit any defense relating to such litigation. The Parties agree that contempt of 

court is not an available remedy under this Settlement Agreement. 

7. The Parties agree and acknowledge that before this Settlement Agreement 

becomes final and binding upon EPA, EPA will promptly provide public notice of the proposed 

settlement in the Federal Register and an opportunity for public comment pursuant to Clean Air 

Act section 113(g), 42 U.S.C. § 7413(g). After this Settlement Agreement has undergone notice 

and comment, the Administrator and/or the Attorney General, as appropriate, will promptly 

consider any such written comments in determining whether to withdraw or withhold their 

consent to the Settlement Agreement, in accordance with section 113(g) of the Clean Air Act. 

After the Administrator and/or the Attorney General elect whether or not to withdraw or 

withhold their consent to this Settlement Agreement, EPA will promptly provide written notice 

of that election to Plaintiffs. This Settlement Agreement shall become final on the date, if any, 

that EPA provides written notice to Plaintiffs that the Administrator and Attorney General 

consent to this Settlement Agreement. If EPA does not provide such written notice within 60 

days after the notice of the Settlement Agreement is published in the Federal Register, Plaintiffs’ 

sole and exclusive remedy under this Settlement Agreement shall be the right to ask the Court to 

lift the stay of proceedings in LEAN v. Jackson and establish a schedule for further proceedings. 

EPA does not waive or limit any defense relating to such litigation. The Parties agree that 

contempt of court is not an available remedy under this Settlement Agreement. 
5 

8. If this Settlement Agreement becomes final under Paragraph 7 and EPA 

undertakes the actions set forth in Paragraphs 1 and 2, the United States, on behalf of EPA, shall 

pay the sum of four thousand five hundred dollars ($4,500.00) to Tulane Environmental Law 

Clinic, as counsel for Plaintiffs, in full and complete settlement of Plaintiffs’ claims for 

attorneys’ fees and costs in LEAN v. Jackson. The Parties agree that the amount provided herein 

constitutes a fair, reasonable, and full and complete settlement of all claims for attorneys’ fees 

and costs under any provision of law that Plaintiffs asserted or could have asserted in connection 

with LEAN v. Jackson. The payment from the United States shall be made as soon as 

reasonably practicable after dismissal of this case as set forth in Paragraph 5 by electronic funds 

transfer in accordance with instructions provided by Plaintiffs’ counsel. 

9. Except as set forth in this Settlement Agreement, the Parties retain all rights, 

claims, defenses, and discretion they may otherwise have. Nothing in this Settlement Agreement 

shall be construed as an admission of any issue of fact or law related to the claims raised in 

Plaintiffs’ First Amended Complaint, or related to any action EPA may take with respect to the 

June 2010 Petition, the May 2011 Petition, the October 2012 Petition, or any part(s) thereof. 

10. Nothing in this Settlement Agreement shall be construed to limit or modify the 

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

including discretion to alter, amend, or revise any responses or actions contemplated by this 

Settlement Agreement. EPA’s obligation to perform the actions specified in Paragraphs 1 and 2 

of this Settlement Agreement by the time specified therein does not constitute a limitation or 

modification of EPA’s discretion within the meaning of this Paragraph. 

11. Nothing is this Settlement Agreement shall be construed to confer upon the 

district court jurisdiction to review: (a) EPA’s order or orders granting or denying the June 2010 
6 

Petition, the May 2011 Petition, or any part(s) thereof, pursuant to the obligations described in 

Paragraphs 1 and 2; or (b) any issues that are within the exclusive jurisdiction of the United 

States Courts of Appeals pursuant to Clean Air Act section 307(b)(1), 42 U.S.C. § 7607(b)(1). 

Nothing in the terms of this Settlement Agreement shall be construed to waive any remedies or 

defenses the Parties may have under Clean Air Act section 307(b)(1), 42 U.S.C. § 7607(b)(1). 

12. The obligations imposed upon EPA under this Settlement Agreement can only be 

undertaken using appropriated funds. No provision of this Settlement Agreement shall be 

interpreted so as to constitute a commitment or requirement that EPA obligate or pay funds in 

contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or take actions in contravention of 

the Administrative Procedure Act, 5 U.S.C. §§ 551-559, 701-706, the Clean Air Act, or any other 

law or regulation, either substantive or procedural. In the event that sufficient appropriated 

funding is not available, Plaintiffs’ sole and exclusive remedy under this Settlement Agreement 

is set forth in Paragraphs 6 and 7. 

13. This Settlement Agreement may be modified by written agreement by counsel for 

the Parties. 

14. This Settlement Agreement is the entire agreement between Plaintiffs and EPA in 

this case. All prior conversations, meetings, discussions, drafts, and writings of any kind are 

specifically superseded by this Settlement Agreement. 

15. It is hereby expressly understood and agreed that this Settlement Agreement was 

jointly drafted by Plaintiffs and EPA. Accordingly, the Parties hereby agree that any and all 

rules of construction to the effect that ambiguity is construed against the drafting party shall be 

inapplicable in any dispute concerning the terms, meaning, or interpretation of this Settlement 

Agreement. 
7 

16. Any notices required or provided for by this Settlement Agreement shall be made 

in writing (via electronic mail with a courtesy copy sent by U.S. mail, first class, postage 

prepaid, the same day) and sent to the following: 

For Plaintiffs: 

Corinne Van Dalen 

Tulane Environmental Law Clinic 

6329 Freret St. 

New Orleans, LA 70118 

Tel: (504) 862-8818 

Fax: (504) 862-8721 

cvandale@tulane.edu 

For EPA: 

T. Monique Peoples 

United States Department of Justice 

Environment & Natural Resources Division 

Environmental Defense Section 

P.O. Box 7611 

Washington, D.C. 20044 

Phone: (202) 514-9365 

Fax: (202) 514-8865 

Email: monique.peoples@usdoj.gov 

Melina Williams 

U.S. Environmental Protection Agency 

Office of General Counsel (2344A) 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460 

Phone: (202) 564-3406 

Fax: (202) 564-5603 

Email: Williams.Melina@epamail.epa.gov 

 

17. Each undersigned representative of the Parties to this Settlement Agreement 

certifies that he or she is fully authorized by the party to enter into and execute the terms and 

conditions of this Settlement Agreement. By signature below, all Parties consent to this 

Settlement Agreement. 

SO AGREED: 
FOR EPA:

Ignacia S. Moreno, Assistant Attorney General

Environment &Natural Resources Division

T. Monique Pedpl~s P / `~ l

Environmental Demise Section

Environment &Natural Resources Division

U.S. Department of Jusrice

P.O. Box 7611

Washington, D.C. 20044

{202) 514-9365

monique.peoples@usdoj.gov

Date: 3 20

E:3

FOR PLAINTIFFS:

,s.

orinne Van Dalen

Tulare Environmental La~v Clinic

6329 Freret St.

New Orleans, LA 70118

Tet: (504) 86Z-8818

Fax: (504) 862-8721

cvandale@tulane.edu

Date: ,~ ~.