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IGNACIA S. MORENO

Assistant Attorney General

Environment and Natural Resources Division

MICHELLE R. LAMBERT

Trial Attorney

United States Department of Justice

Environmental Defense Section

P.O. Box 23986

Washington, D.C. 20026-3986

Telephone: (202) 616-7501

Fax: (202) 514-8865

Email: michelle.lambert@usdoj.gov

Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

ASSOCIATION OF IRRITATED

RESIDENTS, an unincorporated association,

 Plaintiff,

v.

UNITED STATES ENVIRONMENTAL

PROTECTION AGENCY, LISA JACKSON,

in her official capacity as Administrator of the

United States Environmental Protection

Agency, and JARED BLUMENFELD, in his

official capacity as Regional Administrator for

Region IX of the United States Environmental

Protection Agency,

 Defendants.

Case No. 3:10-CV-03051-WHA

STIPULATION and 

[PROPOSED] ORDER

WHEREAS, on July 12, 2010, the Association of Irritated Residents filed the complaint

in the above-captioned matter against the United States Environmental Protection Agency, Lisa

Jackson, in her official capacity as Administrator of the United States Environmental Protection

Agency, and Jared Blumenfeld, in his official capacity as Regional Administrator for Region IX

of the United States Environmental Protection Agency (collectively, “EPA”), alleging that EPA

has failed to undertake certain nondiscretionary duties under section 304(a)(2) of the Clean Air 

Act, 42 U.S.C. § 7604(a)(2); 

WHEREAS, Plaintiff’s claims in this matter, other than the costs of litigation and

Association of Irritated Residents v. United States Environmental Protection Agency et al Doc. 32

Dockets.Justia.com
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STIPULATION AND [PROPOSED] ORDER Case No. 3:10-cv-03051-WHA 

2

reasonable attorneys’ fees, were resolved by a Consent Decree entered by the Court on January

12, 2011, see Dkt. 25;

WHEREAS, Plaintiff and EPA wish to settle Plaintiff’s claims for costs of litigation in

this matter, including reasonable attorneys’ fees, in order to avoid unnecessary litigation and

without any admission of fact or law; 

NOW THEREFORE, the parties, by and through their undersigned counsel, hereby

stipulate to the entry of an order that:

1. The United States shall pay, within 90 days, $19,000 to the Center on Race,

Poverty & the Environment by electronic funds transfer in accordance with instructions provided

to Defense counsel by Plaintiff'’s counsel. 

2. Any obligation of the United States to expend funds under this settlement

agreement are subject to the availability of appropriations in accordance with the

Anti-Deficiency Act, 31 U.S.C. § 1341. This settlement agreement shall not be construed to

require the United States to obligate or pay funds in contravention of said Anti-Deficiency Act,

31 U.S.C. § 1341. 

3. Payment pursuant to Paragraph 1 within 90 days of the date on which the Court

enters this Stipulation and Order (or after 90 days if Plaintiff accepts payment after that date)

will constitute full and final payment of costs of litigation, including reasonable attorneys’ fees,

incurred by Plaintiff in connection with this case prior to the Court’s entry of the Consent Decree

and in negotiating this Stipulation and Order. Upon payment within 90 days of the date on

which the Court enters this Stipulation and Order (or upon payment after 90 days if Plaintiff

accepts payment), Plaintiff releases the United States, including EPA, from any claims regarding

such fees and costs incurred by Plaintiff in connection with this case prior to the Court’s entry of

the Consent Decree and the preparation and attendance at the Case Management Conference

held on January 20, 2011, and in negotiating this Stipulation and Order. The payment pursuant

to Paragraph 1 does not affect Plaintiff’s right to seek to recover reasonable costs and attorneys’

fees that Plaintiff may incur to enforce the Consent Decree, nor does it affect the right of EPA to

oppose any such request for fees and costs, as provided in Paragraph 10 of the Consent Decree. 
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STIPULATION AND [PROPOSED] ORDER Case No. 3:10-cv-03051-WHA 

3

 4. In the event the United States fails to pay the sum specified in Paragraph 1 within

90 days of the date on which the Court enters this Stipulation and Order, Plaintiff may file a

motion with the Court for its costs of litigation, including reasonable attorneys’ fees. Such

motion shall be filed no later than 150 days after the date the Court enters this Stipulation and

Order. The parties agree that, in litigation over such fee application, the United States reserves

any defenses it may have to a fee application. 

 Respectfully submitted, 

COUNSEL FOR PLAINTIFFS:

Dated: April 1, 2011 /s/ Brent Newell (with permission)

BRENT NEWELL (SBN 210312)

ALEGRIA DE LA CRUZ (SBN 229713)

Center on Race Poverty & the Environment

47 Kearny Street, Suite 804

San Francisco, CA 94108

Telephone: (415) 346-4179

Email: bnewell@crpe-ej.org

Email: adelacruz@crpe-ej.org

Counsel for Plaintiff

COUNSEL FOR DEFENDANTS:

Dated: April 1, 2011 IGNACIA S. MORENO

Assistant Attorney General

Environment and Natural Resources Division

 /s/ Michelle R. Lambert 

MICHELLE R. LAMBERT

Trial Attorney 

U.S. Department of Justice

Environmental Defense Section

P.O. Box 23986

Washington, D.C. 20026-3986

Phone: (202) 616-7501

Email: michelle.lambert@usdoj.gov

Counsel for Defendants

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: _________________ __________________________________

WILLIAM H. ALSUP

UNITED STATES DISTRICT JUDGE

 April 4, 2011.