‐1‐ 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 Ad vocacy, 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 (“Pl aintiffs’ claims”). Plaintiffs reserve their right to pursue any future claims for costs a nd 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 Consen t 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 litiga tion 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 su ms 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 pur suant to instructions provided by Plaintiffs’

counsel.

4. The federal tax ID numbers for th e individual plainti ffs are as follows:

National Parks Conserva tion Association – 530225165 Minnesota Center for Environmental Advocacy – 237412105 Friends of the Boundary Waters – 411293979 Voyageurs National Pa rk 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 ava ilability 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 ap plicable provision of law.

6. If the United States does not make the payments specified in paragraph “3” above, Plaintiffs reserve their right to enfor ce this agreement and to seek their costs and‐2‐ fees related thereto.

7. The Effective Date of this Agreement shall be the date on which the Consent Decree in the litigation is en tered by the Court.

8. The Agreement may be executed in a ny 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 Pa rty had signed all other
counterparts.

9. The undersigned representatives of each party certify that they are fully authorized by the party or part ies they represent to enter in t o this Settlement Agreement.

I T 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 Natura l Resources Division

SouthTerrace - Suite 370

999 18th Street Denver, Colorado 80202 (303) 844-1349 david.a.carson@usdoj.gov

ON BEHALF OF PLAIN T IFFS Minnesota Center for Environmental Advocacy, Friends of the Boundary Waters, Voyageurs Nati onal 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) 287-4861‐3‐ ON BEHALF OF PLAIN T IFFS National Parks Conservati on Association and Sierra

Club

S/Reed Zars Dated: 6/24/2014

REED ZARS Attorney at Law 910 Kearney Street

Laram i e
, WY 82070

307-745-7979