Case 1 :06-cv-00034-DLH-CSM Document 2 Filed**04/24/20~---,~~-...~....,...",..._..,**

IN THE UNITED STATES DISTRICT COURT IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OFNORTH DAKOTA

UNITED STATES OF AMERICA and ) STATE OF NORTH DAKOTA, ) )

v. Plaintiffs, ) ) ) Civil Action No: 

# rcte -CV-o

# 3~ ) ) MINNKOTA POWER COOPERATNE, Inc. and ) SQUARE BUTTE ELECTRIC COOPERATNE, ) ) Defendants. ) 

### ---------------)

UNITED STATES' NOTICE OF LODGING OF PROPOSED CONSENT DECREE AND MOTION FOR STAY OFLITIGATION The United States has lodged with the Clerk ofCourt a proposed Consent Decree which reflects a settlement agreement between the United States, the State ofNorth Dakota, and Minnkota Power Cooperative, Inc., and Square Butte Electric Cooperative inthis action. If entered, this proposed Consent Decree would resolve the claims alleged in the complaint filed in this case. LODGING AND PUBLIC NOTICE PROCEDURE Pursuant to 28 C.F.R. 

### § 50.7, the proposed Consent Decree maynot be entered bythis Court until after a thirty (30) day public comment period following publication ofa notice in the Federal Register. Upon expiration ofthat comment period, the United States will notify the Court, in light ofany comments received, whether it believes that entry ofthe proposed Consent Decree is appropriate.

### Case 1 :06-cv-00034-DLH-CSM Document 2 Filed 04/24/2006 Page 2 of 3

MOTION FOR STAY OF LITIGATION In light ofthe potential settlement ofthis action through the proposed Consent Decree, the United States moves the Court to stay the litigation in this action. The proposed stay ofthis action is appropriate because the parties should not be required to devote substantial litigation resources when the Decree provides a fair and appropriate resolution of the claims ofthe United States and the State ofNorth Dakota. The proposed stay would extend any deadline for filing an answer or other responsive pleading to the Complaint, would prohibit the service ofdiscovery requests during the period ofstay, and would otherwise stay all litigation ofthe case. The proposed stay would not prevent the filing of any motion in connection with entry ofthe Consent Decree, however, or any motion to enforce the terms ofthe Consent Decree after entry. The United States has discussed this matter with counsel for the State ofNorth Dakota, Minnkota Power Cooperative, Inc., and Square Butte Electric Cooperative, all of which support this Motion. CONCLUSION For the foregoing reasons, the United States respectfullyrequests that the attached proposed Orderbe entered staying litigation in this action. Respectfully Submitted, FORTHE UNITED STATES: SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment and Natural Resources

# D~iViSio~n**~.** )**MJrEWw.~so}\J** Senior Counsel Environmental Enforcement Section Environment and Natural Resources Division DepartmentofJustice P.O. Box 7611 Washington, D.C. 20530 (202) 514-3932 2

### Case 1 :06-cv-00034-DLH-CSM Document 2 Filed 04/24/2006 Page 3 of 3

ERON

. Assistant U.S. 220 East Rosser Suite 372 Bismark, NO 58501 701-530-2420 N.D. BarID. Number 03903

OF COUNSEL: JEFFREY A. 

### KODISH AttorneyAdvisor U.S. Environmental Protection Agency 12345 West AlamedaParkway, Suite 214 Lakewood, CO 80228 BRENDA MORRIS Enforcement Attorney U.S. Environmental Protection Agency 999 18th 

### Street Denver, CO 80202

3