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Costs and Attorneys’ Fees 

Settlement Agreement 

 1. This Settlement Agreement is entered into by the United States Environmental 

Protection Agency and the Plaintiffs in National Parks Conservation Association, 

Minnesota Center for Environmental Advocacy, Friends of the Boundary Waters, 

Voyageurs National Park Association, Fresh Energy and Sierra Club v. United States 

Environmental Protection Agency, Civil No.: 12-3043 (RHK/JSM), in the United States 

District Court for the District of Minnesota (“the litigation”). 

 2. The purpose of this Settlement Agreement (“Settlement Agreement” or 

“Agreement”) is to resolve Plaintiffs’ claims for costs of litigation, including reasonable 

attorneys’ fees, incurred in the litigation up to and including the date the Consent Decree 

in the litigation is lodged with the Court (“Plaintiffs’ claims”). Plaintiffs reserve their 

right to pursue any future claims for costs and fees incurred in the litigation after the 

lodging of the Consent Decree, and nothing in this Agreement shall be construed as 

limiting that right. EPA does not concede that Plaintiffs will be entitled to fees for any 

work performed after the lodging of the Consent Decree, and reserves all of its claims 

and defenses with respect to any future cost of litigation claim. The parties enter into this 

Agreement in order to avoid unnecessary litigation and without any admission of fact or 

law. 

 3. In settlement of Plaintiffs’ claims, the United States agrees to pay, and 

Plaintiffs agree to accept the following sums to Plaintiffs’ counsel: (1) $18,782 to 

Minnesota Center for Environmental Advocacy; and (2) $45,680 to Reed Zars. Payment 

will be made by electronic funds transfer pursuant to instructions provided by Plaintiffs’ 

counsel. 

 4. The federal tax ID numbers for the individual plaintiffs are as follows: 

National Parks Conservation Association – 530225165 

Minnesota Center for Environmental Advocacy – 237412105 

Friends of the Boundary Waters – 411293979 

Voyageurs National Park Association – 416049473 

Fresh Energy – 411735501 

Sierra Club – 941153307 

 5. Any obligations of the United States to obligate or expend funds under this 

Settlement Agreement are subject to the availability of appropriated funds in accordance 

with the Anti-Deficiency Act, 31 U.S.C. §§ 1341 or other applicable law. No provision 

of this Settlement Agreement shall constitute or be construed as a commitment or 

requirement that the United States obligate or pay funds in contravention of said AntiDeficiency Act or any other applicable provision of law. 

 6. If the United States does not make the payments specified in paragraph “3” 

above, Plaintiffs reserve their right to enforce this agreement and to seek their costs and 
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fees related thereto. 

 7. The Effective Date of this Agreement shall be the date on which the Consent 

Decree in the litigation is entered by the Court. 

 8. The Agreement may be executed in any number of original counterparts, each 

of which shall be deemed to constitute one Agreement. The execution of one counterpart 

by either Party shall have the same force and effect as if that Party had signed all other 

counterparts. 

 9. The undersigned representatives of each party certify that they are fully 

authorized by the party or parties they represent to enter into this Settlement Agreement. 

IT IS SO AGREED: 

ON BEHALF OF THE U.S. ENVIRONMENTAL 

PROTECTION AGENCY 

S/David A. Carson Dated: 6/24/2014

DAVID A. CARSON 

United States Department of Justice 

Environment and Natural Resources Division 

SouthTerrace - Suite 370 

999 18th Street 

Denver, Colorado 80202 

(303) 844-1349 

david.a.carson@usdoj.gov 

ON BEHALF OF PLAINTIFFS Minnesota Center for Environmental Advocacy, Friends 

of the Boundary Waters, Voyageurs National Park Association, and Fresh Energy 

S/Kevin Reuther Dated: 6/24/2014

KEVIN REUTHER 

Minnesota Center for Environmental Advocacy 

26 E. Exchange St., Suite 206 

St. Paul, MN. 55101-1667 

(651) 287-4861 
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ON BEHALF OF PLAINTIFFS National Parks Conservation Association and Sierra 

Club 

S/Reed Zars Dated: 6/24/2014

REED ZARS 

Attorney at Law 

910 Kearney Street 

Laramie, WY 82070 

307-745-7979