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 OF NORTH 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 OF LITIGATION 

The United States has lodged with the Clerk of Court 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 in this 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 may not be entered by this 

Court until after a thirty (30) day public comment period following publication of a notice in the 

Federal Register. Upon expiration ofthat comment period, the United States will notify the 

Court, in light of any comments received, whether it believes that entry of the 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 of discovery 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 of the Consent Decree after entry. 

The United States has discussed this matter with counsel for the State of North 

Dakota, Minnkota Power Cooperative, Inc., and Square Butte Electric Cooperative, all of 

which support this Motion. 

CONCLUSION 

For the foregoing reasons, the United States respectfully requests that the attached 

proposed Order be entered staying litigation in this action. 

Respectfully Submitted, 

FOR THE 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 

Department ofJustice 

P.O. Box 7611 

Washington, D.C. 20530 

(202) 514-3932 

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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. Bar ID. Number 03903 

OF COUNSEL: 

JEFFREY A. KODISH 

Attorney Advisor 

U.S. Environmental Protection Agency 

12345 West Alameda Parkway, Suite 214 

Lakewood, CO 80228 

BRENDA MORRIS 

Enforcement Attorney 

U.S. Environmental Protection Agency 

999 18th Street 

Denver, CO 80202 

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