UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW MEXICO 

____________________________________ 

WILDEARTH GUARDIANS ) 

) 

Plaintiff, ) 

) Civ. No. 6:10-cv-00877-MCA-RHS

 v. ) 

) 

LISA JACKSON, in her official ) 

capacity as Administrator, United States ) 

Environmental Protection Agency, ) 

) 

Defendant. ) 

____________________________________) 

WHEREAS, Plaintiff WildEarth Guardians filed this action pursuant to section 

304(a)(2) of the Clean Air Act (“CAA”), 42 U.S.C. § 7604(a)(2), alleging that Defendant 

Lisa Jackson, in her official capacity as Administrator, United States Environmental 

Protection Agency (“EPA”), failed to perform a non-discretionary duty under CAA § 

505(b)(2), 42 U.S.C. § 7661d(b)(2), to grant or deny a petition submitted by WildEarth 

Guardians requesting that EPA object to a CAA permit issued by the New Mexico 

Environmental Department, Air Quality Bureau (“NMED”) to Williams Four Corners, 

LLC to operate the Sims Mesa Central Delivery Point, a natural gas processing facility 

located in Rio Arriba County, New Mexico; 

WHEREAS, Plaintiff and EPA (collectively “the Parties”) wish to effect a 

settlement of the above-captioned matter without expensive and protracted litigation; 

WHEREAS, the Parties consider this Decree to be an adequate and equitable 

resolution of the claims in the above-captioned matter;

CONSENT DECREE 

Case 6:10-cv-00877-MCA -RHS Document 14-1 Filed 02/14/11 Page 1 of 7
2

WHEREAS, the Court, by entering this Decree, finds that the 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 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 April 29, 2011, or within 30 days of the entry of this Consent 

Decree, whichever is later, EPA shall sign a decision or decisions, pursuant to 42 U.S.C. 

§ 7661d(b)(2), taking final action on Plaintiff=s CAA Title V petition on the Sims Mesa 

Central Delivery Point1 Title V Permit (“Permit”). 

2. Following signature of such response to Plaintiff’s petition, EPA shall 

expeditiously deliver notice of such action on the Permit to the Office of the Federal 

Register for publication. 

 3. Any provision of this Decree may be modified by (a) written stipulation of 

the Parties with notice to the Court, or (b) by the Court following motion of any party to 

this Decree, pursuant to the Federal Rules of Civil Procedure, and upon consideration of 

any response by the non-moving party. 

4. Plaintiff and EPA shall not challenge the terms of this Decree or this 

Court=s jurisdiction to enter and enforce this Decree. Upon entry, no party shall 

challenge the terms of this Decree. 

 

1 The facility name is spelled both as “Sims Mesa Central Delivery Point” and as “Simms Mesa Central 

Delivery Point” in the permit record and petition. 

Case 6:10-cv-00877-MCA -RHS Document 14-1 Filed 02/14/11 Page 2 of 7
3

5. The deadline for filing a motion for costs of litigation (including attorneys=

fees) for activities performed prior to execution of this Decree is hereby extended until 60 

days after the Decree is entered by the Court. During this 60-day period, the Parties shall 

seek to resolve informally any claim for costs of litigation (including attorneys= fees), 

and, if they cannot, will submit that issue to the Court for resolution. Nothing in this 

paragraph shall be construed as an admission or concession by EPA that Plaintiffs are 

entitled to or eligible for recovery of any costs or attorneys= fees. 

6. Nothing in this Decree shall be construed to limit or modify any discretion 

accorded EPA by the CAA or by general principles of administrative law in taking the 

actions which are the subject of this Decree, including discretion to alter, amend, or 

revise any responses or final actions contemplated by this Decree. EPA’s obligation to 

perform the actions specified in Paragraph 1 by the time specified therein does not 

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

paragraph. 

7. Nothing in this Decree shall be construed as an admission of any issue of 

fact or law nor to waive or limit any claim or defense, on any grounds, related to any 

final action EPA may take with respect to the Permit. 

8. Nothing in this Decree shall be construed to confer upon the district court 

jurisdiction to review any final decision made by EPA pursuant to this Decree. Nothing 

in this 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 Court of Appeals 

pursuant to CAA section 307(b)(1), 42 U.S.C. § 7607(b)(1). Nothing in the terms of this 

Case 6:10-cv-00877-MCA -RHS Document 14-1 Filed 02/14/11 Page 3 of 7
4

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 obligations imposed upon EPA under this Decree can only be 

undertaken using appropriated funds. No provision of this 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 

provision of law. 

10. Any notices required or provided for by this Decree shall be made in 

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

For Plaintiffs:

Samantha Ruscavage-Barz 

WildEarth Guardians 

312 Montezuma Avenue 

Santa Fe, NM 87501 

Tel: (505) 988-9126 x1158 

Fax: (505) 989-8623 

sruscavagebarz@wildearthguardians.org 

For Defendants:

Eileen T. McDonough 

United States Department of Justice 

Environmental Defense Section 

P.O. Box 23986 

Washington, D.C. 20026-3896 

Tel: (202) 514-514-3126 

Fax: (202) 514-8865 

eileen.mcdonough@usdoj.gov 

Melina Williams 

U.S. Environmental Protection Agency 

Office of General Counsel (2344A) 

1200 Pennsylvania Ave., N.W. 

Washington, D.C. 20460 

Tel: (202) 564-3406 

Case 6:10-cv-00877-MCA -RHS Document 14-1 Filed 02/14/11 Page 4 of 7
5

Fax: (202) 564-5603 

williams.melina@epa.gov 

11. In the event of a dispute between the Parties concerning the interpretation 

or implementation of any aspect of this 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 agreed-upon resolution within ten 

(10) business days after receipt of the notice, any party may move the Court to resolve 

the dispute. 

12. The Court shall retain jurisdiction to determine and effect compliance with 

this Decree. When EPA’s obligations under Paragraph 1 have been completed and the 

Plaintiff’s claims for costs of litigation have been resolved pursuant to the process 

described in Paragraph 5, the above-captioned matter shall be dismissed with prejudice. 

The Parties shall file the appropriate notice with the Court so that the Clerk may close the 

file. 

13. 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 

shall promptly submit a public notice of this 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, the 

Administrator and/or the Attorney General, as appropriate, shall promptly consider any 

such written comments in determining whether to withdraw or withhold consent to this 

Consent Decree, in accordance with section 113(g) of the CAA. If the federal 

Case 6:10-cv-00877-MCA -RHS Document 14-1 Filed 02/14/11 Page 5 of 7
6

government elects not to withdraw or withhold consent to this Consent Decree, the 

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

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

jointly drafted by Wildearth and EPA and 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. 

15. The undersigned representatives of each Party certify that they are fully 

authorized by the Party they represent to bind that Party to the terms of this Decree. 

SO ORDERED on this day of , 2011. 

_______________________________ 

THE HON. M. CHRISTINA ARMIJO 

UNITED STATES DISTRICT JUDGE 

SO AGREED: 

FOR PLAINTIFFS 

______________________________ 

SAMANTHA RUSCAVAGE-BARZ 

WildEarth Guardians 

312 Montezuma Avenue 

Santa Fe, NM 87501 

Tel: (505) 988-9126 x1158 

Fax: (505) 989-8623 

sruscavagebarz@wildearthguardians.org 

Case 6:10-cv-00877-MCA -RHS Document 14-1 Filed 02/14/11 Page 6 of 7
7

FOR DEFENDANTS 

IGNACIA C. MORENO 

Assistant Attorney General 

Environment & Natural Resources Division 

____________________________ 

EILEEN T. MCDONOUGH, Trial Attorney 

United States Department of Justice 

Environmental Defense Section 

P.O. Box 23986 

Washington, D.C. 20026-3986 

Tel: (202) 514-3126 

Fax: (202) 514-8865 

eileen.mcdonough@usdoj.gov

Case 6:10-cv-00877-MCA -RHS Document 14-1 Filed 02/14/11 Page 7 of 7