1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

JOHN C. CRUDEN

Assistant Attorney General

Environment & Natural Resources Division

United States Department of Justice

LESLIE M. HILL (D.C. Bar No. 476008)

Leslie.Hill@usdoj.gov

Environmental Defense Section

601 D Street N.W., Suite 8000

Washington D.C. 20004

Telephone (202) 514-0375

Facsimile (202) 514-8865

Attorneys for Defendant

ROBERT UKEILEY, Admitted Pro Hac Vice

rukeiley@igc.org

Law Office of Robert Ukeiley

255 Mountain Meadows Road

Boulder, CO 80302

Telephone (303) 442-4033

[additional attorneys for Plaintiff included in signature block]

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

SIERRA CLUB,

Plaintiff,

v.

GINA McCARTHY, in her official capacity 

as the Administrator of the United States 

Environmental Protection Agency,

Defendant.

Case No. 4:14-cv-3198-JSW

[PROPOSED] PARTIAL CONSENT 

DECREE

[PROPOSED] PARTIAL CONSENT DECREE

CASE NO. 4:14-cv-3198-JSW

Case4:14-cv-03198-JSW Document38-1 Filed01/21/15 Page1 of 13
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

WHEREAS, on July 15, 2014, Plaintiff Sierra Club (“Plaintiff”) filed the abovecaptioned matter against Gina McCarthy, in her official capacity as Administrator of the 

United States Environmental Protection Agency (hereinafter “EPA” or “Defendant”);

WHEREAS, on December 10, 2014, pursuant to Fed. R. Civ. P. 15(a)(2), Plaintiff 

filed a first amended complaint (Dkt. No. 28) (the “Complaint”);

WHEREAS, Plaintiff alleges that EPA has failed to undertake 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 CAA, § 7604(a)(2);

WHEREAS, on March 12, 2008, pursuant to CAA section 109(a)(1), 42 U.S.C. § 

7409(d)(1), EPA promulgated a final rule revising the ozone National Ambient Air 

Quality Standard (“NAAQS”), Final Rule, 73 Fed. Reg. 16,436 (Mar. 27, 2008) (the 

“2008 ozone NAAQS”); 

WHEREAS, pursuant to CAA section 110(d)(1), 42 U.S.C. § 7410(d)(1), “[e]ach 

State shall, . . . submit to the Administrator, within 3 years . . . after the promulgation of a 

[NAAQS] (or revision thereof) under section 7409 of this title for any air pollutant, a plan 

which provides for implementation, maintenance, and enforcement of such primary 

standard in each air quality control region (or portion thereof) with each State,” a state 

implementation plan (“SIP”), often referred to as an infrastructure SIP;

WHEREAS, such SIP submittals must meet the requirements set forth in CAA 

section 110(a)(2)(A)-(M), 42 U.S.C. § 7410(a)(2)(A)-(M);

WHEREAS, EPA must then determine whether a State’s submittal is complete 

within six months after EPA receives the submission. 42 U.S.C. § 7410(k)(1)(B). If 

EPA does not determine completeness of the plan or revision within six months, then the 

submittal is deemed complete by operation of law after six months. Id.; 

WHEREAS, pursuant to CAA section 110(k)(2)-(4), 42 U.S.C. § 7410(k)(2)-(4), 

EPA was required to approve in whole or in part, disapprove, or conditionally approve in 

whole or in part, each plan or revision, within 12 months of a determination of 

completeness by EPA or a determination deemed by operation of law to be complete;

[PROPOSED] PARTIAL CONSENT DECREE

CASE NO. 4:14-cv-3198-JSW

2

Case4:14-cv-03198-JSW Document38-1 Filed01/21/15 Page2 of 13
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

WHEREAS, pursuant to CAA section 110(d)(1), 42 U.S.C. § 7410(d)(1), states 

were required to submit infrastructure SIPs within 3 years of promulgation of the 2008

ozone NAAQS, i.e., by March 12, 2011;

WHEREAS, in Claim 2, Plaintiff alleges that EPA has failed to perform a duty 

mandated by CAA sections 110(k)(2)-(4), 42 U.S.C. §§ 7410(k)(2)-(4), to take final 

action to approve or disapprove, in whole or in part, certain 2008 ozone NAAQS 

infrastructure SIP submissions addressing the following element or elements under 

42 U.S.C. § 7410(a)(2) from the states listed below, see First Am. Compl. ¶¶ 31-106

(Dkt. No. 28):

AREA/STATE ELEMENT(S) (under CAA section 

110)

Alabama 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M)

Arizona 110(a)(2)(A)-(H), (J)-(M)

Colorado 110(a)(2)(A)-(H), (J)-(M)

Connecticut 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M)

Georgia 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M)

Idaho 110(a)(2)(D)(i)(I)(prongs 1 and 2)

Illinois 110(a)(2)(A), (E)(ii) and (J) (visibility 

portion)

Indiana 110(a)(2)(A)-(H), (J)-(M)

Iowa 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M)

Kansas 110(a)(2)(J) (visibility portion)

Maryland 110(a)(2)(D)(i)(I)(prongs 1 and 2)

Mississippi 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M)

Montana 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M)

Nebraska 110(a)(2)(A)-(H), (J)-(M)

New Hampshire 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M)

North Carolina 110(a)(2)(A)-(C), (D)(i)(II)-(H),

(J)-(M)

[PROPOSED] PARTIAL CONSENT DECREE

CASE NO. 4:14-cv-3198-JSW

3

Case4:14-cv-03198-JSW Document38-1 Filed01/21/15 Page3 of 13
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

AREA/STATE ELEMENT(S) (under CAA section 

110)

North Dakota 110(a)(2)(A)-(H), (J)-(M)

Ohio 110(a)(2)(C) (Prevention of Significant 

Deterioration (“PSD”) portion), (D)(i), 

and (J) (PSD and visibility portions)

Oregon 110(a)(2)(D)(i)(I)

Rhode Island 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M)

South Carolina 110(a)(2)(A)-(C), (D)(i)(II)-(H), (J)-(M)

Texas 110(a)(2)(A)-(H), (J)-(M)

Utah 110(a)(2)(A)-(H), (J)-(M)

West Virginia 110(a)(2)(E)(ii)

WHEREAS, the relief requested in the Complaint includes, among other things, 

an order from this Court to establish a date certain by which EPA must fulfill its 

obligations;

WHEREAS, Plaintiff and EPA have agreed to a partial settlement of this action 

without admission of any issue of fact or law, except as expressly provided herein;

WHEREAS, Plaintiff and EPA agree to hold a conference call approximately 

every 90 days, at a mutually agreeable time, during which EPA will advise Plaintiff of 

the current status of, and foreseeable difficulties with, EPA’s compliance with the 

deadlines in this Consent Decree;

WHEREAS, Plaintiff and EPA, by entering into this Consent Decree, do not 

waive or limit any claim, remedy, or defense, on any grounds, related to any final EPA 

action;

WHEREAS, Plaintiff and EPA consider this Consent Decree to be an adequate 

and equitable resolution of some of the claims in this matter and therefore wish to 

effectuate a partial settlement;

[PROPOSED] PARTIAL CONSENT DECREE

CASE NO. 4:14-cv-3198-JSW

4

Case4:14-cv-03198-JSW Document38-1 Filed01/21/15 Page4 of 13
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

WHEREAS, it is in the interest of the public, Plaintiff Sierra Club, Defendant 

EPA, and judicial economy to resolve this matter without protracted litigation;

WHEREAS, Plaintiff and EPA agree that this Court has jurisdiction over this 

matter pursuant to the citizen suit provision in CAA section 304(a)(2), 42 U.S.C. § 

7604(a)(2), and that venue is proper in the Northern District of California pursuant to 28 

U.S.C. § 1391(e) and N.D. Cal. Civ. Local Rule 3-2(c)-(d); and

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

Decree is fair, reasonable, in the public interest, and consistent with the Clean Air Act;

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

determination of any issues of fact or law, and upon the consent of Plaintiff Sierra Club

and Defendant EPA, it is hereby ordered, adjudged and decreed that:

1. The appropriate EPA official shall sign a notice of final rulemaking to 

approve, disapprove, conditionally approve, or approve in part and conditionally approve 

or disapprove in part, certain plans pursuant to sections 110(k)(2)-(4) of the CAA, 42 

U.S.C. §§ 7410(k)(2)-(4), no later than the date indicated below for the following states 

and elements of section 110(a)(2), 42 U.S.C. §§ 7410(a)(2) for the 2008 ozone NAAQS:

STATE SIP ELEMENT(S) DATE

a. Alabama 110(a)(2)(A)-(C), (D)(i)(II)-(H), 

(J)–(M) (excluding prong 4)

October 31, 2015

b. Alabama 110(a)(2)(D)(i)(II) (prong 4) May 31, 2016

c. Arizona 110(a)(2)(A)-(C), (D)(i)(II)-(H), 

(J)-(M) (excluding prong 4)

June 30, 2015

d. Arizona 110(a)(2)(D)(i)(I) (prongs 1 and 

2) and (II) (prong 4)

June 7, 2016

e. Colorado 110(a)(2)(A)-(C), (D)(i)(II)-(H), 

(J)-(M)

October 31, 2015

f. Colorado 110(a)(2)(D)(i)(I) (prongs 1 and 

2)

January 29, 2016

g. Connecticut 110(a)(2)(A)-(C), (D)(i)(II)-(H), 

(J)-(M)

December 31, 2015

h. Georgia 110(a)(2)(A)-(C), (D)(i)(II)-(H), October 31, 2015

[PROPOSED] PARTIAL CONSENT DECREE

CASE NO. 4:14-cv-3198-JSW

5

Case4:14-cv-03198-JSW Document38-1 Filed01/21/15 Page5 of 13
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

STATE SIP ELEMENT(S) DATE

(J)-(M) (excluding prong 4)

i. Georgia 110(a)(2)(D)(i)(II) (prong 4) May 31, 2016

j. Idaho 110(a)(2)(D)(i)(I) (prongs 1 and 

2)

January 29, 2016

k. Illinois 110(a)(2)(A) May 30, 2015

l. Illinois 110(a)(2)(E)(ii) and (J)

(visibility portion)

August 31, 2015

m. Indiana 110(a)(2)(A)-(C), (D)(i)(II)-(H), 

(J)-(M) (excluding prong 4 and 

(J) (visibility portion))

May 31, 2015

n. Indiana 110(a)(2)(J) (visibility portion) August 31, 2015

o. Indiana 110(a)(2)(D)(i)(I) (prongs 1 and 

2) and (D)(i)(II) (prong 4)

June 7, 2016

p. Iowa 110(a)(2)(A)-(C), (D)(i)(II)-(H), 

(J)-(M)

September 30, 2016

q. Kansas 110(a)(2)(J) (visibility portion) November 30, 2015

r. Maryland 110(a)(2)(D)(i)(I) (prongs 1 and 

2)

January 29, 2016

s. Mississippi 110(a)(2)(A)-(C), (D)(i)(II)-(H), 

(J)-(M) (excluding prong 4)

October 31, 2015

t. Mississippi 110(a)(2)(D)(i)(II) (prong 4) May 31, 2016

u. Montana 110(a)(2)(A)-(C), (D)(i)(II)-(H), 

(J)-(M)

March 31, 2016

v. Nebraska 110(a)(2)(A)-(C), (D)(i)(II)-(H), 

(J)-(M)

September 30, 2015

w. Nebraska 110(a)(2)(D)(i)(I) (prongs 1 and 

2)

January 29, 2016

x. New Hampshire 110(a)(2)(A)-(C), (D)(i)(II)-(H),

(J)-(M)

December 31, 2015

y. North Carolina 110(a)(2)(A)-(C), (D)(ii)-(H),

(J)-(M) (excluding 110(a)(2)(C) 

(PSD portion), E(ii), and (J) 

(PSD portion))

October 31, 2015

z. North Carolina 110(a)(2)(C) (PSD portion), 

(D)(i)(II) (prongs 3 and 4), 

(E)(ii), and (J) (PSD portion)

May 31, 2016

aa. North Dakota 110(a)(2)(A)-(C), (D)(i)(II)-(H), 

(J)-(M) (excluding prong 4)

December 17, 2015

bb. North Dakota 110(a)(2)(D)(i)(I) (prongs 1 and 

2) and (II) (prong 4)

January 29, 2016

[PROPOSED] PARTIAL CONSENT DECREE

CASE NO. 4:14-cv-3198-JSW

6

Case4:14-cv-03198-JSW Document38-1 Filed01/21/15 Page6 of 13
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

STATE SIP ELEMENT(S) DATE

cc. Ohio 110(a)(2)(C) (PSD portion), 

(D)(i)(II) (prong 3), and (J)

(PSD portion)

March 31, 2015

dd. Ohio 110(a)(2)(J) (visibility portion) August 31, 2015

ee. Ohio 110(a)(2)(D)(i)(I)(prongs 1 and 

2) and (II) (prong 4)

June 7, 2016

ff. Oregon 110(a)(2)(D)(i)(I) (prongs 1 and 

2)

January 29, 2016

gg. Rhode Island 110(a)(2)(A)-(C), (D)(i)(II)-(H), 

(J)-(M)

December 31, 2015

hh. South Carolina 110(a)(2)(A)-(C), (D)(i)(II)-(H),

(J)-(M) (excluding prong 4)

October 31, 2015

ii. South Carolina 110(a)(2)(D)(i)(II) (prong 4) May 31, 2016

jj. Texas 110(a)(2)(A)-(C), (D)(i)(II)-(H), 

(J)-(M) (excluding prong 4)

August 31, 2016

kk. Texas 110(a)(2)(D)(i)(II) (prong 4) September 4, 2015

ll. Texas 110(a)(2)(D)(i)(I) (prongs 1 and 

2)

June 7, 2016

mm West Virginia 110(a)(2)(E)(ii) May 31, 2015

nn. Utah 110(a)(2)(A)-(C), (D)(i)(II)-(H), 

(J)-(M) (excluding prong 4)

June 30, 2016

oo. Utah 110(a)(2)(D)(i)(I)(prongs 1 and 

2) and (II) (prong 4) 

June 7, 2016

2. If any State withdraws an above-listed submittal, then EPA’s obligation to take 

the action required by Paragraph 1 with respect to that submittal is automatically 

terminated.

3. EPA shall, within 15 days of signature, send the rulemaking package for each 

action taken pursuant to paragraph 1 of this Consent Decree to the Office of the Federal 

Register for review and publication.

4. After EPA has completed the actions set forth in Paragraph 1 of this Consent 

Decree and after notice of each final action required by paragraph 1 has been published in 

the Federal Register, and the issue of costs of litigation, including attorney fees has been 

resolved, EPA may move to have this Decree terminated and the action dismissed. 

[PROPOSED] PARTIAL CONSENT DECREE

CASE NO. 4:14-cv-3198-JSW

7

Case4:14-cv-03198-JSW Document38-1 Filed01/21/15 Page7 of 13
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Plaintiff shall have fourteen (14) days in which to respond to such motion, unless the 

parties stipulate to a longer time for Plaintiff to respond.

5. The deadlines established by this Consent Decree may be extended (a) by 

written stipulation of Plaintiff and EPA with notice to the Court, or (b) by the Court upon 

motion of EPA for good cause shown pursuant to the Federal Rules of Civil Procedure 

and upon consideration of any response by Plaintiff and any reply by EPA. Any other 

provision of this Consent Decree also may be modified by the Court following motion of 

an undersigned party for good cause shown pursuant to the Federal Rules of Civil 

Procedure and upon consideration of any response by a non-moving party and any reply.

6. If a lapse in EPA appropriations occurs within one hundred and twenty (120) 

days prior to a deadline in Paragraph 1 in this Decree, that deadline shall be extended 

automatically one day for each day of the lapse in appropriations.

7. Plaintiff and EPA agree that this Consent Decree constitutes a complete

settlement of Claim 2 as described in Paragraph 1.

8. In the event of a dispute between Plaintiff and EPA 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. These parties shall meet and confer in order to attempt 

to resolve the dispute. If these parties are unable to resolve the dispute within ten (10) 

business days after receipt of the notice, either party may petition the Court to resolve the 

dispute.

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

contempt of Court shall be properly filed unless the procedure set forth in Paragraph 8 

has been followed, and the moving party has provided the other party with written notice 

received at least ten (10) business days before the filing of such motion or proceeding.

10. The deadline for filing a motion for costs of litigation (including attorney 

fees) for activities performed prior to entry of the Consent Decree is hereby extended 

until ninety (90) days after this Consent Decree is entered by the Court. During this 

[PROPOSED] PARTIAL CONSENT DECREE

CASE NO. 4:14-cv-3198-JSW

8

Case4:14-cv-03198-JSW Document38-1 Filed01/21/15 Page8 of 13
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

period, the Parties shall seek to resolve informally any claim for costs of litigation 

(including attorney fees), and if they cannot, the Sierra Club will file a motion for costs of 

litigation (including attorney fees) or a stipulation or motion to extend the deadline to file 

such a motion. EPA reserves the right to oppose any such request. The Court shall retain 

jurisdiction to resolve any requests for costs of litigation, including attorney fees.

11. This Court shall retain jurisdiction over this matter to enforce the terms of 

this Consent Decree and to consider any requests for costs of litigation, including 

attorney fees.

12. Nothing in the terms of this Consent Decree shall be construed (a) to confer 

upon this Court jurisdiction to review any issues that are within the exclusive jurisdiction 

of the United States Courts of Appeals under CAA section 307(b)(1), 

42 U.S.C. § 7607(b)(1), including final action take pursuant to section 110(k) of the 

CAA, 42 U.S.C. § 7410(k), approving, disapproving, or approving in part and 

disapproving in part a SIP submittal, or (b) to waive any claims, remedies, or defenses 

that the parties may have under CAA section 307(b)(1), 42 U.S.C. § 7607(b)(1).

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

discretion accorded EPA by the Clean Air Act or by general principles of administrative 

law in taking the actions which are the subject of this Consent Decree, including the 

discretion to alter, amend, or revise any final actions promulgated pursuant to this 

Consent Decree. EPA’s obligation to perform each action specified in this Consent 

Decree does not constitute a limitation or modification of EPA’s discretion within the 

meaning of this paragraph.

14. Except as expressly provided herein, nothing in this Consent Decree shall be 

construed as an admission of any issue of fact or law nor to waive or limit any claim, 

remedy, or defense, on any grounds, related to any final action EPA takes with respect to 

the actions addressed in this Consent Decree.

15. Plaintiff reserves the right to seek additional costs of litigation, including 

reasonable attorney fees, incurred subsequent to entry of this Consent Decree and arising 

[PROPOSED] PARTIAL CONSENT DECREE

CASE NO. 4:14-cv-3198-JSW

9

Case4:14-cv-03198-JSW Document38-1 Filed01/21/15 Page9 of 13
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

from Plaintiff’s need to enforce or defend against efforts to modify its terms or the 

underlying schedule outlined herein, or for any other unforeseen continuation of this 

action. EPA reserves the right to oppose any such request for additional costs of 

litigation, including attorney fees. 

16. It is hereby expressly understood and agreed that this Consent Decree was 

jointly drafted by Plaintiff and EPA. Accordingly, the parties hereby agree that any and 

all rules of construction to the effect that ambiguity is construed against the drafting party 

shall be inapplicable in any dispute concerning the terms, meaning, or interpretation of 

this Consent Decree.

17. The parties agree and acknowledge that before this Consent Decree can be 

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

the Federal Register and an opportunity for public comment pursuant to CAA section 

113(g), 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 written comments in determining whether to withdraw or withhold their 

consent to the Consent Decree, in accordance with CAA section 113(g). If the 

Administrator and/or the Attorney General do not elect to withdraw or withhold consent, 

EPA shall promptly file a motion that requests that the Court enter this Consent Decree.

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

writing, via electronic mail or other means, and sent to the following (or to any new 

address of counsel as filed and listed in the docket of the above-captioned matter, at a 

future date):

For Plaintiff Sierra Club:

Robert Ukeiley

255 Mountain Meadows Road

Boulder, CO 80302

Tel: 303-442-4033

Email: rukeiley@igc.org

[PROPOSED] PARTIAL CONSENT DECREE

CASE NO. 4:14-cv-3198-JSW

10

Case4:14-cv-03198-JSW Document38-1 Filed01/21/15 Page10 of 13
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Kristin Henry (Cal. Bar. No. 220908)

Sierra Club

85 Second Street, 2nd Floor

San Francisco, CA 94105

Tel. (415) 977-5716

Email: kristin.henry@sierraclub.org

For Defendant EPA: Leslie M. Hill

U.S. Department of Justice

Environment & Natural Resources Division

Environmental Defense Section

601 D Street N.W., Suite 8000

Washington D.C. 20004

Tel. (202) 514-0375

Email: leslie.hill@usdoj.gov

19. EPA and Plaintiff 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 of this Consent Decree shall be 

interpreted as or constitute a commitment or requirement that the United States obligate 

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

applicable provision of law. 

20. If for any reason the Court should decline to approve this Consent Decree in 

the form presented, this agreement is voidable at the sole discretion of either party and 

the terms of the proposed Consent Decree may not be used as evidence in any litigation 

between the parties.

21. The undersigned representatives of Plaintiff Sierra Club and Defendant EPA 

certify that they are fully authorized by the party they represent to consent to the Court’s 

entry of the terms and conditions of this Decree.

//

//

//

//

[PROPOSED] PARTIAL CONSENT DECREE

CASE NO. 4:14-cv-3198-JSW

11

Case4:14-cv-03198-JSW Document38-1 Filed01/21/15 Page11 of 13
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

SO ORDERED on this _____ day of _____________________, 2015.

________________________________

JEFFREY S. WHITE

UNITED STATES DISTRICT JUDGE

[PROPOSED] PARTIAL CONSENT DECREE

CASE NO. 4:14-cv-3198-JSW

12

Case4:14-cv-03198-JSW Document38-1 Filed01/21/15 Page12 of 13
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

COUNSEL FOR PLAINTIFF:

/s/ Robert Ukeiley (email authorization 1/21/15)

Robert Ukeiley, Admitted Pro Hac Vice

Law Office of Robert Ukeiley

255 Mountain Meadows Road

Boulder, CO 80302

Tel. (303) 442-4033

Email: rukeiley@igc.org

KRISTIN HENRY (Cal. Bar. No. 220908)

Sierra Club

85 Second Street, 2nd Floor

San Francisco, CA 94105

Tel. (415) 977-5716

kristin.henry@sierraclub.org

Attorneys for Plaintiff Sierra Club

COUNSEL FOR DEFENDANT: JOHN C. CRUDEN

Assistant Attorney General

Environment & Natural Resources Division

/s/ Leslie M. Hill

LESLIE M. HILL (D.C. Bar No. 476008)

Environmental Defense Section

601 D Street N.W., Suite 8000

Washington D.C. 20004

Tel. (202) 514-0375

Email: Leslie.Hill@usdoj.gov

Attorneys for Defendant EPA

Of counsel:

Karen Bianco

Abirami Vijayan

Office of General Counsel

U.S. Environmental Protection Agency

[PROPOSED] PARTIAL CONSENT DECREE

CASE NO. 4:14-cv-3198-JSW

13

Case4:14-cv-03198-JSW Document38-1 Filed01/21/15 Page13 of 13