IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:l 1 -cv-02227-WJM-KLM WILDEARTH GUARDIANS,

Plaintiff,

►i~ LISA P. JACKSON,in her official capacity as Administrator, United States Environmental Protection Agency,

Defendant.

CONSENT DECREE This Consent Decree ( "Consent Decree")is entered into by Plaintiff WildEarth Guardians ( "Plaintiff' or "WildEarth ")and by Defendant Lisa P. Jackson, Administrator ofthe United States Environmental Protection Agency ( "Defendant" or "EPA") WHEREAS,Plaintifffiled this action pursuant to section 304(a)(2)ofthe Clean Air Act ( "CAA"), 42 U.S.C. § 7604(a)(2), alleging that Defendant Lisa P. Jackson,Administrator ofthe United States Environmental Protection Agency,failed to perform a duty mandated by CAA section 505(b)(2), 42 U.S.C. § 7661d(b)(2),to grant or deny, within 60 days,an administrative petition ( "Petition")submitted by Plaintiff. The Petition requested that EPA object to a Title V Operating Permit issued by the Colorado Department ofPublic Health and Environment,Air Pollution Division, to CF&I Steel, dfb /a EVRAZ Rocky Mountain Steel, to operate its steelmaking facility in Pueblo, Colorado ( "Permit"); -1- 

### Case 1:11-cv-02227-WJM-KLM Document 17-1 Filed 01/17/12 USDC Colorado Page 1 of 10

### WHEREAS,Plaintiff and EPA (collectively, the "Parties")wish to effectuate a settlement

ofthe above
-captioned case without expensive and protracted litigation, and without a litigated resolution ofany issue of law or fact; WHEREAS,the Parties consider this Consent Decree to be an 

### adequate and equitable resolution ofthe claims in the above
-captioned case and consent to entry ofthis Consent Decree; and WHEREAS,the Court,by entering this Consent Decree,finds that this Consent Decree is fair, reasonable, in the public interest, and consistent with the CAA,42 U.S.C. §§ 7401 et seq. 

### NOW THEREFORE,before the taking oftestimony, without trial or determination of any issue offact or law, and upon the consent ofthe Parties, it is hereby ORDERED, ADJ[JDGED, and DECREED that: 1. This Court has subject matter jurisdiction over the claims set forth in the Complaint related to Plaintiffls Petition on the Permit and to order the relief contained in this Consent Decree. Venue is proper in the United States District Court for the District of Colorado. 2. By May 31, 2012,or within 30 days ofthe entry date ofthis Consent Decree, whichever date is later, EPA shall sign its response to the Petition. Within 15 days following signature of such response, EPA will deliver notice of such action on the Petition to the Office of the Federal Register for publication. 3. The United States agrees to pay Plaintiffas full settlement of all claims for attorney's fees, costs, and expenses incurred in this litigation through the date of lodging this Consent Decree, under any authority, the sum of $ 2,535.00, as soon as reasonably practicable following entry ofthis Consent Decree,by electronic funds transfer to a bank account identified by -2- Case 1:11-cv-02227-WJM-KLM Document 17-1 Filed 01/17/12 USDC Colorado Page 2 of 10

### Plaintiff. Plaintiff agrees to accept $ 2,535.00 in full satisfaction of any and all claims for costs

and attorney's fees with respect to this case, except that Plaintiffreserves the right to seek fees pursuant to 42 U.S.C. § 7604(d)for any additional work performed after the lodging ofthis Consent Decree,including costs and attorney's fees for enforcement ofthe Consent Decree in the future. Nothing in this Paragraph shall be construed as an admission or concession by EPA that Plaintiff is entitled to or eligible for recovery of any costs or attorney's fees, and EPA reserves all defenses with respect to any future fee claim. The amount ofattorney's fees or rates under this Paragraph shall have no precedential value in any future fee claim. 4. Any provision ofthis Consent Decree may be modified by (a)written stipulation of the Parties with notice to the Court, or (b)by the Court following motion ofany Party to this Consent Decree,pursuant to the Federal Rules of Civil Procedure, and upon consideration ofany response by the non-moving Party. 5. Plaintiffand EPA shall not challenge the terms ofthis Consent Decree or this Court's jurisdiction to enter and enforce this Consent Decree. 6. Nothing in this Consent Decree shall be construed to limit or modify any discretion accorded EPA by the CAA or by general principles ofadministrative law in taking the actions which are the subject ofthis Consent Decree,including the discretion to alter, amend,or revise any responses or final actions contemplated by this Consent Decree. EPA's obligation to perform the actions specified by Paragraph 2 by the time specified therein does not constitute a limitation or modification ofEPA's discretion within the meaning ofthis paragaph. 7. Nothing in this Consent Decree shall be construed as an admission ofany issue offact
or law nor to waive or limit any claim or defense, on any grounds,related to any final action EPA -3- Case 1:11-cv-02227-WJM-KLM Document 17-1 Filed 01/17/12 USDC Colorado Page 3 of 10may take with respect to the Permit.

8. Nothing in this Consent Decree shall be construed to confer upon the district court jurisdiction to review any final decision made by EPA pursuant to this Consent Decree. 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 ofthe United States Court ofAppeals pursuant to CAA section 307(b)(1)and 505,42 U.S.C. §§ ~607(b)(1), 7661d. Nothing in this Consent Decree shall be construed to waive any remedies or defenses the Parties may have under CAA section 307(b)(1), 42 U.S.C. § 7607(b)(1). 9. The Parties recognize and acknowledge that the obligations imposed upon EPA under this Consent Decree can only be undertaken using appropriated funds legally available for such purpose. No provision ofthis Consent Decree shall be interpreted as or constitute a commitment
or requirement that the United States obligate or pay funds in contravention ofthe AntiDeficiency Act, 31 U.S.C. § 1341, or any other applicable provision oflaw. 10. Any notices required or provided for by this Consent Decree shall be made in writing, via facsimile or other means,and sent to the following: For Plaintiff: ASHLEY D. WILMES,Esq. WildEarth Guardians 827 Maxwell Avenue, Suite L Boulder, CO 80304 (859) 312-4162 awilmes e,wildearthguardians.org 

### Case 1:11-cv-02227-WJM-KLM Document 17-1 Filed 01/17/12 USDC Colorado Page 4 of 10JAMES J. TUTCHTON,Esq.

WildEarth Guardians 6439 East Maplewood Avenue Centennial, CO 80111 (720) 3 01 -3843 jtutchtonna ,~,wildearth~uardians.org For Defendant: DANIEL PINKSTON Environmental Defense Section Environment and Natural Resources Division U.S. Department ofJustice 999 18t'' Street South Terrace, Suite 370 Denver, CO 80202 (303)844-1804 Fax: (303)844-1350 daniel.pinkstonnusdoL~ov MELINA WILLIAMS Office of General Counsel U.S. EPA Mail Code 2344A Ariel Rios Building 1200 Pennsylvania Avenue,N.W. Washington,D.C. 20460 (202)564-3406 Fax: (202)564-5603 williams.melina(a~epa. o~v SARA LAUMANN Office ofRegional Counsel USEPA Region 8 1595 Wynkoop Street Mail Code: 8RC Denver, CO 80202-1129 (303)312-6443 Fax: (303)312-6859 laumann.sara~,epa. o~v 11. In the event ofa dispute among the Parties concerning the interpretation or

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### implementation ofany aspect ofthis Consent Decree,the disputing Party shall provide the other

Party with a written notice outlining the nature ofthe dispute and requesting informal negotiations. Ifthe Parties cannot reach anagreed-upon resolution within ten business days after receipt ofthe notice, any Party may move the Court to resolve the dispute. 12. No motion or other proceeding seeking to enforce this Consent Decree or for contempt of court shall be properly filed unless Plaintiffhas followed the procedure set forth in Paragraph 11, and provided EPA with written notice received at least ten business days before the filing of such motion or proceeding. 13. The Court shall retain jurisdiction to determine and effectuate compliance with this Consent Decree, to rule upon any motions filed in accordance with Paragraph 4 ofthis Consent Decree, and to resolve any disputes in accordance with Paragraph 11 ofthis Consent Decree. When EPA's obligations under Paragraphs 2 and 3 have been completed, this case shall be terminated and the case dismissed with prejudice. The Parties may either jointly notify the Court that the Consent Decree should be terminated and the case dismissed, or EPA may so notify the Court by motion,and Plaintiff shall have twenty days in which to respond to such motion. 14. The Parties agree and acknowledge that before this Consent Decree can be finalized and entered by the Court, EPA must provide notice in the Federal Register and an opportunity for comment pursuant to CAA section 113(g), 42 U.S.C. § 7413(g). EPA will promptly submit a public notice ofthis Consent Decree to the Federal Register for publication and public comment after lodging this Consent Decree with the Court. After this Consent Decree has undergone an opportunity for notice and comment,EPA's Administrator and the Attorney General,as appropriate, will promptly consider any such written comments in determining whether to Case 1:11-cv-02227-WJM-KLM Document 17-1 Filed 01/17/12 USDC Colorado Page 6 of 10withdraw or withhold consent to this Consent Decree,in accordance with section 113(g) ofthe

Clean Air Act. Ifthe Administrator or the Attorney General elects not to withdraw or withhold consent to this Consent Decree,the Parties will promptly file a motion that requests the Court to enter this Consent Decree. 15. It is hereby expressly understood and agreed that this Consent Decree was jointly drafted by Plaintiff and EPA and that any and all rules ofconstruction to the effect that ambiguity is construed against the drafting party shall be inapplicable in any dispute concerning the terms, meaning, or interpretation ofthis Consent Decree. 16. The undersigned representatives of each Party certify that they are fully authorized by the Party they represent to bind that Party to the terms ofthis Consent Decree. SO ORDERED this _day of ►.1

United States District Judge SO AGREED: FOR PLAINTIFF:
ASHLEY D. WILMES,Esq. WildEarth Guardians 827 Maxwell Avenue, Suite L Boulder, CO 80304 (859)312-4162 awilmes(a~wildearthguardians. ors

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### Case 1:11-cv-02227-WJM-KLM Document 17-1 Filed 01/17/12 USDC Colorado Page 7 of 10withdraw or withhold consent to this ConsentDecree;in.accordaace with section 1 I3(g)ofthe

Clean Air Act Ifthe Administrator or the Attorney General elects notto withdzaw ar withhold consent to this ConsentDecree,the Partzes wili pmmptly file amotion thatrequests the Courtto enter Phis Conse~at Decree. 15. It is hereby expressly understood and agreed thatthis ConsentDecree wasjointly dzafted by Plaintiffand EPA and that any and all rules ofconstruction to the effect that ambiguitty is construed against the drafting party shall be inapplicable in any dispute concerning the terms, z~eaning,or interpxetadon ofthis Consent Decree. 16. The undersigned representatives o~each Party certify that they are £u11y authorized by the Party they represent to brad that Party to the ternis ofthis ConsentDecree. S~ (3RDERED this _day of 20_,
United States District Judge SO AGKEED: FOR PLAIlV'fIFF: „`
ASHLEY D. MES,

Esq. WildSartb;Guardians 827 N.~axwell Avenue,Suite L Boulder,CO 84304 (859}312 -4162 awitm~~wildearthguardians.grg

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### Case 1:11-cv-02227-WJM-KLM Document 17-1 Filed 01/17/12 USDC Colorado Page 8 of 10JAMES J. TUTCHTON,Esq. WildEarth Guardians 6439 East Maplewood Avenue Centennial, CO 80111 (720) 301 -3843 jtutchtonnwildearthguaxdians.org FOR DEFENDANT: IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division By: ~l DANIEL PINKSTON Environmental Defense Section Environment and Natural Resources Division U.S. Department ofJustice 1961 Stout Street, 8t

"Floor Denver, CO 80294 (303)844-1804 daniel.pinkstonnusdo~ o~v DATED:January 17, 2012 JOHN WALSH United States Attorney STEPHEN TAYLOR Assistant United States Attorney District of Colorado 1225 Seventeenth Street, Suite 700 Denver, CO 80202 (303)454-0100 stephen.ta~(ae,usdo~gov

~:~ 

### Case 1:11-cv-02227-WJM-KLM Document 17-1 Filed 01/17/12 USDC Colorado Page 9 of 10Of Counsel for Defendant: MELINA WILLIAMS Office of General Counsel U.S. EPA Mail Code 2344A Ariel Rios Building 1200 Pennsylvania Avenue,N.W. Washington,D.C. 20460 (202)564-3406 SARA LAUMANN Office ofRegional Counsel USEPA Region 8 1595 Wynkoop Street Mail Code: 8RC Denver, CO 80202-1129 (303)312-6443 

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