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Consent Decree 

CV-10-06029-MMM-AGR 

IGNACIA S. MORENO 

Assistant Attorney General 

Environment & Natural Resources Division 

MICHELLE R. LAMBERT 

Trial Attorney 

U.S. Department of Justice 

Environment & Natural Resources Division 

Environmental Defense Section 

U.S. Department of Justice 

P.O. Box 23986 

Washington, DC 20026-3986 

Telephone: (202) 616-7501 

Facsimile: (202) 514-8865 

Email: michelle.lambert@usdoj.gov 

Attorneys for Defendants

UNITED STATES DISTRICT COURT 

FOR THE CENTRAL DISTRICT OF CALIFORNIA 

NATURAL RESOURCES DEFENSE 

COUNCIL, INC., and COALITION 

FOR A SAFE ENVIRONMENT, a 

California non-profit corporation, 

Plaintiffs, 

v. 

UNITED STATES 

ENVIRONMENTAL PROTECTION 

AGENCY, LISA JACKSON, in her 

official capacity as Administrator of the 

United States Environmental Protection 

Agency, and JARED BLUMENFELD, 

in his official capacity as Regional 

Administrator for Region IX of the 

United States Environmental Protection 

Agency, 

Defendants. 

Case No. CV-10-6029-MMM-AGR

CONSENT DECREE 

WHEREAS, on August 12, 2010, Plaintiffs Natural Resources Defense 

Council, Inc. and Coalition for a Safe Environment filed the complaint in the 

above-captioned matter against Defendants United States Environmental Protection 

Agency, Lisa P. Jackson, in her official capacity as Administrator of the United 

Case 2:10-cv-06029-MMM -AGR Document 7-1 Filed 12/13/10 Page 1 of 9 Page ID #:38
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Consent Decree 

CV-10-06029-MMM-AGR 

States Environmental Protection Agency, and Jared Blumenfeld, in his official 

capacity as Regional Administrator for Region IX of the United States Protection 

Agency (collectively, “EPA”), alleging that EPA failed to fulfill certain nondiscretionary duties under the Clean Air Act (“CAA”), 42 U.S.C. §§ 7401-7671q, 

and that such alleged failure is actionable under section 304(a)(2) of the Act, 42 

U.S.C. § 7604(a)(2); 

 WHEREAS, section 110(a)(1) of the CAA , 42 U.S.C. § 7410(a)(1), requires 

States to adopt and submit to EPA for review state implementation plans (“SIPs”), 

which establish specific control measures and other requirements that apply to 

particular sources of air pollution within a State and are designed to attain, 

maintain, and enforce National Ambient Air Quality Standards (“NAAQS”) 

established by EPA that specify the maximum permissible concentrations for those 

pollutants in the ambient air, see 42 U.S.C. §§ 7408, 7409; 

 WHEREAS, in 1997, EPA established an 8-hour ozone NAAQS and a 24-

hour and an annual fine particulate matter (“PM2.5”) NAAQS; 

 WHEREAS, EPA designated the South Coast Air Basin as “nonattainment” 

under section 107(d) of the CAA, 42 U.S.C. § 7407(d), for the 1997 ozone and 

PM2.5 NAAQS; 

 WHERAS, States are required to submit SIP revisions for designated 

“nonattainment” areas; 

 WHEREAS, section 110(k) of the CAA, 42 U.S.C. § 7410(k), sets forth the 

process by which EPA is to review SIP submissions, including revisions; 

 WHEREAS, if EPA finalizes a rulemaking disapproving the SIP revisions at 

issue in this litigation, sanctions would apply pursuant to section 179(b) of the 

CAA, 42 U.S.C. § 7509(b), and 40 C.F.R. § 52.31; 

 WHEREAS, Plaintiffs’ complaint alleges that EPA has a nondiscretionary 

duty to act within the time lines set forth in section 110(k)(2) of the CAA, 42 

U.S.C. § 7410(k)(2), on SIP submissions and revisions submitted to EPA; 

Case 2:10-cv-06029-MMM -AGR Document 7-1 Filed 12/13/10 Page 2 of 9 Page ID #:39
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Consent Decree 

CV-10-06029-MMM-AGR 

 WHEREAS, Plaintiffs’ complaint alleges that EPA has failed to take final 

action within time lines set forth in section 110(k)(2) of the CAA to approve or 

disapprove (1) the State Strategy for the 2007 State Implementation Plan (“2007 

State SIP”), submitted to EPA on November 16, 2007, and (2) the 2007 Air Quality 

Management Plan for the South Coast Air Quality Management District (“2007 

South Coast SIP”), submitted to EPA on November 28, 2007; 

 WHEREAS, through discussions, the parties have limited the scope of this 

Consent Decree to address only those elements of the 2007 State SIP and 2007 

South Coast SIP that were submitted by the State of California in response to 

EPA’s designations of “nonattainment” for the South Coast Air Basin with respect 

to the 1997 NAAQS for ozone and PM2.5; 

 WHEREAS, Plaintiffs’ complaint seeks an order from this court directing 

EPA to take final action on the agreed to portions of 2007 State SIP and 2007 South 

Coast SIP; 

 WHEREAS, the parties have agreed to a settlement of this action without 

admission of any issue of fact or law; 

 WHEREAS, the parties, by entering into this Consent Decree, do not waive 

or limit any claim or defense, on any grounds, related to any final EPA action; 

 WHEREAS, the parties consider this Consent Decree to be an adequate and 

equitable resolution of all of the claims in this matter related to the elements of the 

2007 State SIP and 2007 South Coast SIP submitted by the State of California in 

response to EPA’s designations of “nonattainment” for the South Coast Air Basin 

with respect to the 1997 NAAQS for ozone and PM2.5; 

 WHEREAS, it is in the interest of the public, the parties, and judicial 

economy to resolve this matter without protracted litigation; 

 WHEREAS, the parties agree that this Court has jurisdiction over this matter 

pursuant to the citizen suit provision in section 304(a)(2) of the CAA and that 

venue lies in the Central District of California; 

Case 2:10-cv-06029-MMM -AGR Document 7-1 Filed 12/13/10 Page 3 of 9 Page ID #:40
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Consent Decree 

CV-10-06029-MMM-AGR 

 WHEREAS, the Court, by entering this Consent Decree, finds that the 

Consent Decree is fair, reasonable, in the public interest, and consistent with the 

CAA; 

 NOW THEREFORE, before the taking of testimony, without trial or 

determination of any issue of fact or law, and upon the consent of the parties, it is 

hereby ordered, adjudged and decreed that: 

 1. No later than September 30, 2011, EPA shall sign for publication in 

the Federal Register a notice of the Agency’s final action on the portions of the 

2007 State SIP and 2007 South Coast SIP that relate to EPA’s “nonattainment” 

designation of the South Coast Air Basin with respect to the 1997 PM2.5 NAAQS, 

and thereafter send the notice to the Office of the Federal Register for review and 

publication. 

 2. No later than December 15, 2011, EPA shall sign for publication in the 

Federal Register a notice of the Agency’s final action on the portions of the 2007 

State SIP and 2007 South Coast SIP that relate to the nonattainment designation of 

the South Coast Air Basin with respect to the 1997 ozone NAAQS, and thereafter 

send the notice to the Office of the Federal Register for review and publication. 

 3. When EPA’s obligations under Paragraphs 1 and 2 have been 

completed, the parties will file a joint request to the Court to dismiss this matter 

with prejudice. 

 4. The parties may extend the deadlines established in Paragraphs 1, 2, 

and 10 by written stipulation executed by counsel for the parties and filed with the 

Court. In addition, the deadlines established in Paragraphs 1, 2, and 10 may be 

extended by the Court upon motion by any party to this Consent Decree for good 

cause shown, after consideration of any response by the non-moving party. 

 5. Nothing in this Consent Decree shall be construed to limit or modify 

the discretion accorded EPA by the CAA and by general principles of 

administrative law, including the discretion to alter, amend or revise any response 

Case 2:10-cv-06029-MMM -AGR Document 7-1 Filed 12/13/10 Page 4 of 9 Page ID #:41
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Consent Decree 

CV-10-06029-MMM-AGR 

and/or final action contemplated by this Consent Decree. EPA’s obligation to take 

the action set forth in Paragraphs 1 and 2 by the time specified therein does not 

constitute a limitation or modification of EPA’s discretion within the meaning of 

this paragraph. 

 6. Nothing in this Consent Decree shall be construed to confer upon the 

district court jurisdiction to review any decision made in the final action identified 

in Paragraphs 1 or 2. Nothing in this Consent Decree shall be construed to confer 

upon the district court jurisdiction to review any issues that are within the exclusive 

jurisdiction of the United States Courts of Appeals pursuant to sections 307(b)(1) 

and 505 of the CAA, 42 U.S.C. §§ 7607(b)(1), 7661d. 

 7. This Court shall retain jurisdiction to enforce the terms of this Consent 

Decree and to consider any requests for costs of litigation, including attorneys’ fees. 

 8. In the event of a dispute between the parties concerning the 

interpretation or implementation of any aspect of this Consent Decree, the disputing 

party shall provide the other party with a written notice outlining the nature of the 

dispute and requesting informal negotiations. If the parties cannot reach an agreedupon resolution within ten (10) business days after receipt of the notice, any party 

may move the Court to resolve the dispute. 

 9. No motion or other proceeding seeking to enforce this Consent Decree 

shall be considered properly filed, unless Plaintiff has followed the procedure set 

forth in Paragraph 8 and provided EPA with written notice received at least ten (10) 

business days before the filing of such motion or proceeding. 

 10. EPA agrees that, pursuant to section 304(d) of the CAA, 42 U.S.C. § 

7604(d), Plaintiff is both eligible and entitled to recover its costs of litigation in this 

action, including reasonable attorneys’ fees, incurred prior to entry of this Consent 

Decree. The deadline for filing a bill of costs and a motion for costs of litigation, 

including reasonable attorneys’ fees, pursuant to Local Rule 54-12 for activities 

performed in this case prior to the entry of this Consent Decree, is hereby extended 

Case 2:10-cv-06029-MMM -AGR Document 7-1 Filed 12/13/10 Page 5 of 9 Page ID #:42
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Consent Decree 

CV-10-06029-MMM-AGR 

until 90 days after the date on which the Court enters this Consent Decree. During 

this time the parties shall seek to resolve informally any claim for costs of 

litigation, including reasonable attorneys’ fees. 

 11. The obligations imposed upon EPA under this Consent Decree may 

only be undertaken using appropriated funds. No provisions of this Consent Decree 

shall be interpreted as or constitute a commitment or requirement that EPA obligate 

or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any 

other applicable federal law. 

 12. Plaintiffs and Defendants shall not challenge the terms of this Consent 

Decree or this Court’s jurisdiction to enter this Consent Decree. 

 13. The parties agree and acknowledge that before this Consent Decree is 

entered by the Court, EPA must provide notice of this Consent Decree in the 

Federal Register and an opportunity for public comment pursuant to section 113(g) 

of the CAA, 42 U.S.C. § 7413(g). After this Consent Decree has undergone notice 

and comment, the Administrator and/or the Attorney General, as appropriate, shall 

promptly consider any such written comments in determining whether to withdraw 

or withhold their consent to the Consent Decree, in accordance with section 113(g) 

of the CAA. If the Administrator and/or the Attorney General do not elect to 

withdraw or withhold their consent, EPA shall promptly file a motion that requests 

the Court to enter this Consent Decree. 

 14. Any notices required or provided for by this Consent Decree shall be 

made in writing, via facsimile, email or other means, and sent to the following: 

 For Plaintiff: 

Adriano L. Martinez 

Natural Resources Defense Council 

1314 Second St. 

Santa Monica, CA 90401 

Telephone: (310) 434-2300 

Facsimile: (310) 434-2399 

 Email: amartinez@nrdc.org 

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Consent Decree 

CV-10-06029-MMM-AGR 

Angela Johnson Meszaros 

 Law Offices of Angela Johnson Meszaros 

 1107 Fair Oaks Avenue #246 

 South Pasadena, CA 91030 

 Telephone: (323) 229-1145 

 Facsimile: (310) 878-0116 

 Email: angela@cleanairmatters.net 

For Defendants: 

Michelle R. Lambert 

U.S. Department of Justice 

Environmental Defense Section 

P.O. Box 23986 

Washington, DC 20026-3986 

Telephone: (202) 616-7501 

Facsimile: (202) 514-8865 

Email: michelle.lambert@usdoj.gov 

Jan Tierney 

Office of the General Counsel 

U.S. Environmental Protection Agency 

Ariel Rios Bldg. MC 2344A 

1200 Pennsylvania Ave., N.W. 

Washington, D.C. 20460 

Phone: (202) 564-5598 

Fax: (202) 564-5603 

Email: tierney.jan@epa.gov 

Ann Lyons 

Office of Regional Counsel 

U.S. Environmental Protection Agency 

75 Hawthorne Street, MC ORC-2 

San Francisco, CA 94105 

Phone: (415)-972-3883 

Fax: (415) 947-3570 

Email: lyons.ann@epa.gov 

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Consent Decree 

CV-10-06029-MMM-AGR 

 15. The undersigned representatives of each party certify that they are 

fully authorized by the party that they represent to bind that party to the terms of 

this Consent Decree. 

IT IS SO ORDERED. 

Dated: _________________ _______________________________ 

 JUDGE MARGARET M. MORROW 

 United States District Court Judge 

 COUNSEL FOR PLAINTIFFS: 

Dated: December 13, 2010 NATURAL RESOURCES DEFENSE COUNCIL 

 By: /s/ Adriano L. Martinez (with permission) 

Adriano L. Martinez 

Natural Resources Defense Council 

1314 Second St. 

Santa Monica, CA 90401 

Telephone: (310) 434-2300 

Facsimile: (310) 434-2399 

Attorneys for Plaintiffs Natural Resources 

Defense Council and Coalition for a Safe 

Environment 

Dated: December 13, 2010 LAW OFFICES OF ANGELA JOHNSON MESZAROS

By: /s/ Angela Johnson Meszaros (with permission) 

Angela Johnson Meszaros 

 Law Offices of Angela Johnson Meszaros 

 1107 Fair Oaks Avenue #246 

 South Pasadena, CA 91030 

 Telephone: (323) 229-1145 

 Facsimile: (310) 878-0116 

Attorneys for Plaintiff 

Coalition for a Safe Environment 

COUNSEL FOR DEFENDANTS: 

Dated: December 13, 2010 IGNACIA S. MORENO 

Assistant Attorney General 

Environment & Natural Resources Division 

Case 2:10-cv-06029-MMM -AGR Document 7-1 Filed 12/13/10 Page 8 of 9 Page ID #:45
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Consent Decree 

CV-10-06029-MMM-AGR 

 By: /s/ Michelle R. Lambert 

MICHELLE R. LAMBERT 

U.S. Department of Justice 

Environmental Defense Section 

P.O. Box 23986 

Washington, DC 20026-3986 

Telephone: (202) 616-7501 

Facsimile: (202) 514-8865 

Attorneys for Defendants 

Case 2:10-cv-06029-MMM -AGR Document 7-1 Filed 12/13/10 Page 9 of 9 Page ID #:46