1 SETTLEMENT AGREEMENT WHEREAS, on August 10, 2011, Plaintiffs Sier ra Club and WildEarth Guardians filed their second amended complaint (“Complain t”) in Sierra Club et al. v. Jackson , No. 3:10-cv04060-CRB (N.D. Cal) against Defendant Lisa P. Jackson, in her official capacity as

Administrator of the United States Environmenta l Protection Agency (“EPA”), alleging that EPA

has failed to undertake certain nondiscretionary duties under th e Clean Air Act (“CAA”), 42 U.S.C. §§ 7401-7671q, and that such alleged failure is actionabl e under section 304( a)(2) of the CAA, 42 U.S.C. § 7604(a)(2); WHEREAS, Plaintiffs alleged that EPA ha s failed to perform a duty mandated by CAA section 110(c)(1), 42 U.S.C. § 7410(c)(1), to prom ulgate Federal Implementation Plans (“FIPs”) within twenty-four (24) months after issuing a finding of failure to submit State Implementation Plans (“SIPs”) meeting applicable requireme nts of CAA section 110(a)(2), 42 U.S.C. § 7410(a)(2), for North Dakota, Hawaii, Alaska, Idaho, Oregon, Washington, Maryland, Virginia, Arkansas, Arizona, Florida and Georgia with re gard to the 1997 8-hour ozone National Ambient Air Quality Standards (“NAAQS”); WHEREAS, Plaintiffs also alleged that EPA has failed to perform a duty mandated by CAA section 110(k)(2), 42 U.S.C. 7410(k)(2), to take final action on the SIP submittals or portions of submittals meeting applicable require ments of CAA section 110(a)(2), 42 U.S.C. § 7410(a)(2), for Maryland, Virginia, Arkansas, Oklahoma, Florida, Georgia, Nevada, North Carolina, Tennessee, and Arizona with re gard to the 1997 8-hour ozone NAAQS; WHEREAS, on March 27, 2008, EPA published a final rule in the Federal Register finding that certain states failed to make a comple te SIP submission, in whol e or in part, to meet2 certain specified applicable requirements of CAA section 110(a)(2), 42 U.S.C. § 7410(a)(2), for the 1997 8-hour ozone NAAQS, 73 Fed. Reg. 16205 (March 27, 2008)(“Findings Notice”); WHEREAS, in the Findings Notice, EPA found the SIP submission of these states complete for those specified appl icable requirements of sectio n 110(a)(2) for which EPA had not made findings of failure to submit; WHEREAS, the Parties agree that EPA’s oblig ations under this Settlement Agreement to promulgate Federal Implementation Plans (“FIPs”) pursuant to section 110(c) of the CAA are applicable only to the specific findings that certain states have failed to make complete submissions, in whole or in part, for the applicab le requirements of sectio n 110(a)(2) as set out in the Findings Notice; WHEREAS, the Parties agree that EPA’s oblig ations under this Settlement Agreement to take action pursuant to section 110(k) of the CAA are onl y applicable to the specific findings that certain states made complete subm issions, in whole or in part, fo r the applicable requirements of section 110(a)(2) as set out in the Findings Notice; WHEREAS, the term "1997 8-hour ozone NAA QS infrastructure SIP" means for the purposes of this Settlement Agreement a submission or multiple submissions from a State addressing the applicable requirements of section 110(a)(2), 42 U.S.C. § 7410( a)(2), as set out in the Findings Notice. The Findings Notice did not address sections 110(a)(2)(D)(i), 110(a)(2)(I), or the portions of section 110(a)(2)(C) pertaini ng to nonattainment area requirements, 42 U.S.C. § 7410(a)(2)(D)(i), (a)(2)(I), (a)(2 )(C), and, accordingly, the Parties agree that the obligations set out below do not include EPA taking any act ions regarding sections 110(a)(2)(D)(i), 110(a)(2)(I), and portions of section 110(a)(2)(C) pertaining to nonattainment area requirements;3 WHEREAS, the Parties disagree as to whether, in the c ontext of acting upon the 1997 8- hour ozone NAAQS infrastructure SIPs, EPA must ta ke affirmative action to address allegations of specific deficiencies in the existing SIPs of the affected states. Plaintiffs contend that EPA is not meeting its obligations under an existing cons ent decree by failing to address these issues; EPA contends that it is not requir ed to address these substantive i ssues in the context of acting on the SIPs in question, and hence is meeting its obligations under the consent decree; WHEREAS, the specific SIP deficiencies alleged are (1) provisions related to excess emissions during periods of start up, shutdown, or malfunction at sour ces that may be contrary to the CAA and EPA’s policies addressing such em issions (“SSM”); (2) provisions related to

“director’s variance” or “director’s discretion” that purport to permit revisions to SIP approved emissions limits without sufficient public pro cess or requiring approval by EPA that may be contrary to the CAA (“director’s discretion”); (3) provisions for minor source new source review programs that may be inconsistent with the requ irements of the CAA and EPA’s regulations that pertain to such programs (“minor source NSR”); and (4) provisions for Prevention of Significant Deterioration programs that may be inconsiste nt with current requirements of EPA’s “Final NSR Improvement Rule,” 67 Fed. Reg. 80,186 (December 31, 2002), as amended by 72 Fed. Reg. 32,526 (June 13, 2007) (“NSR Reform”)(colle ctively, the “Alleged SIP Deficiencies”); WHEREAS, Sierra Club submitted a peti tion for rulemaking to EPA on June 30, 2011, requesting that EPA act on specific alleged SIP deficiencies related to the SSM issue (“Plaintiff’s SSM Petition”); WHEREAS, the Parties have ag reed to settle claims set fo rth in the Complaint without admission of any issue of fact or law;4 WHEREAS, the Parties, by entering into this Settlement Agreement, do not waive or limit any claim or defense, on any grounds, related to any final EPA action; WHEREAS, the Parties consider this Settl ement Agreement to be an adequate and equitable resolution of all claims set forth in the Complaint; WHEREAS, it is in the interest of the public, the Parties, and judicial economy to resolve this matter without prot racted litigation; NOW THEREFORE, the Parties, intendi ng to be bound by this Agreement, hereby stipulate and agree as follows: 1. Pursuant to section 110(c )(1) of the CAA, 42 U.S.C. § 7410(c)(1), EPA shall sign for publication in the Federal Register: (a) no later than March 31, 2012, a notice or notices of the Agency’s proposed action either approving a SIP, promul gating a FIP, or approving a SIP in part with promulgation of a partial FIP, for Alaska, Hawaii, Idaho, North Dakota, Oregon and Washington to meet the applicable requirements of section 110(a)(2), 42 U.S.C. § 7410(a)(2 ), as identified in the Findings Notice; and (b) no later than July 31, 20 12, a notice or notices of the Agency’s final action either approving a SIP, promulgating a FIP, or approving a SIP in part with promulgation of a partial FIP, for Alaska, Hawaii, Idaho, North Dakota, Oregon and Washington to meet the applicable requirements of section 110(a)(2), 42 U.S.C. § 7410(a)(2 ), as identified in the Findings

Notice.5 2. Pursuant to section 110(c)(1) of the CAA, 42 U.S.C. § 7410(c)(1), EPA shall sign for publication in the Federal Register: (a) no later than March 31, 2012, a notice or notices of the Agency’s proposed action either approving a SIP, promul gating a FIP, or approving a SIP in part with promulgation of a partial FIP, for Maryland and Arkansas to meet the applicable requirements of section 110(a)(2)(C) & (J), 42 U.S.C. § 7410(a)(2)(C) & (J), regarding NOx as a precursor for ozone, as identified in the Findings Notice; and (b) no later than July 31, 2012, a notice or notices of the Agency’s final action either approving a SIP, promulgating a FIP, or approving a SIP in part with promulgation of a partial FIP, fo r Maryland and Arkansas to meet the applicable requirements of secti on 110(a)(2)(C) & (J ), 42 U.S.C. § 7410(a)(2)(C) & (J), regarding NOx as a precursor for ozone, as identified in the Findings Notice. 3. Pursuant to section 110(k) of the C AA, 42 U.S.C. § 7410(k), EPA shall sign for publication in the Federal Register: (a) no later than March 31, 2012, a notice or notices of the Agency’s proposed action either approving, disapprovin g, or approving in part and disapproving in part the 1997 8-hour ozone NAAQS Infrastructure SIP, except for portions addressing the a pplicable requirements of section 110(a)(2)(C) & (J), 42 U.S.C. § 7410(a )(2)(C) & (J), for Maryland and Arkansas. The 1997 8-hour ozone NAAQS Infrastructure SIP6 submissions for Maryland and Arkans as are specifically identified in Chart “A” attached hereto; and (b) no later than July 31, 2012, a notice or notices of the Agency’s final action either approving, disapproving, or a pproving in part and disapproving in part the 1997 8-hour ozone NAAQS Infras tructure SIP, except for portions addressing the applicable requirement s of section 110(a)(2)(C) & (J), 42 U.S.C. § 7410(a)(2)(C) & (J), for Maryland and Arkansas. The 1997 8- hour ozone NAAQS Infrastructure SI P submissions for Maryland and Arkansas are specifically identified in Ch art “A” attached hereto. 4. Pursuant to section 110(c)(1) of th e CAA, 42 U.S.C. § 7410(c)(1), EPA shall no later than January 31, 2012, sign for publication in the Federal Regist er a notice or notices of the Agency’s final action either approving a SIP, prom ulgating a FIP, or approving a SIP in part with promulgation of a partial FIP, for Virginia to meet the applicable requirements of section 110(a)(2)(C) & (J), 42 U.S.C. § 7410(a)(2)(C) & (J), regarding NOx as a precursor for ozone, as identified in the Findings Notice. 5. Pursuant to section 110(k) of the C AA, 42 U.S.C. § 7410(k), EPA shall no later than January 31, 2012, sign for publication in the Fe deral Register a notice or notices of the Agency’s final action either approving, disapprov ing, or approving in part and disapproving in part the 1997 8-hour ozone NAAQS Infrastructure SIP, except for portions addressing the applicable requirements of sec tion 110(a)(2)(C) & (J ), 42 U.S.C. § 7410(a)(2)(C) & (J), for Virginia and Oklahoma. The 1997 8-hour ozone NAAQS Infrastructure SIP submissions for Virginia and Oklahoma are specifically id entified in Chart “A” attached hereto.7 6. Pursuant to section 110(c )(1) of the CAA, 42 U.S.C. § 7410(c)(1), EPA shall sign for publication in the Federal Register: (a) no later than March 31, 2012, a not ice or notices of the Agency’s proposed action either approving a SIP, promulgating a FIP, or approving a SIP in part with promulgation of a pa rtial FIP, for Arizona and Florida to meet the applicable requirements of section 110(a)(2)(G), 42 U.S.C. § 7410(a)(2)(G), as identified in the Findings Notice; and (b) no later than July 31, 20 12, a notice or notices of the Agency’s final action either approving a SIP, promulgating a FIP, or approving a SIP in part with promulgation of a partial FIP, for Arizona and Florida to meet the applicable requirements of sec tion 110(a)(2)(G), 42 U.S.C. § 7410(a)(2)(G), as identified in the Findings Notice. 7. Pursuant to section 110(k) of the C AA, 42 U.S.C. § 7410(k), EPA shall sign for publication in the Federal Register: (a) no later than March 31, 2012, a notice or notices of the Agency’s proposed action either approving, disapprovin g, or approving in part and disapproving in part the 1997 8-hour ozone NAAQS Infrastructure SIP, except for portions addressing the a pplicable requirements of section 110(a)(2)(G), 42 U.S.C. § 7410(a)(2)(G) , for Florida. The 1997 8-hour ozone NAAQS Infrastructure SIP subm issions for Florida are specifically identified in Chart “A” attached hereto; and (b) no later than July 31, 20 12, a notice or notices of the Agency’s final action either approving, disapproving, or a pproving in part and disapproving in8 part the 1997 8-hour ozone NAAQS Infras tructure SIP, except for portions addressing the applicable requirement s of section 110(a)(2)(G), 42 U.S.C. § 7410(a)(2)(G), for Florida. The 1997 8-hour ozone NAAQS Infrastructure SIP submissions for Florida are specifically identified in

Chart “A” attached hereto. 8. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), EPA shall sign for publication in the Federal Register: (a) no later than June 15, 2012, a notice or notices of the Agency’s proposed action either approving, disapprovin g, or approving in part and disapproving in part the 1997 8-hour oz one NAAQS Infrastructure SIP for Arizona regarding applicable require ments for section 110(a)(2)(A)–(C), (E), (F) & (H)-(M), 42 U.S.C. § 7410(a )(2) (A)–(C), (E), (F) & (H)-(M). The 1997 8-hour ozone NAAQS Infrast ructure SIP submissions for Arizona are specifically identified in Chart “A” attached hereto; and (b) no later than October 15, 2012, a noti ce or notices of the Agency’s final action either approving, disapprovin g, or approving in part and disapproving in part the 1997 8-hour oz one NAAQS Infrastructure SIP for Arizona regarding applicable require ments for section 110(a)(2)(A)–(C), (E), (F) & (H)-(M), 42 U.S.C. § 7410(a )(2) (A)–(C), (E), (F) & (H)-(M). The 1997 8-hour ozone NAAQS Infrast ructure SIP submissions for Arizona are specifically identified in Chart “A” attached hereto. 9. Pursuant to section 110(c)(1) of the CAA, 42 U.S.C. § 7410(c)(1), EPA shall no later than January 31, 2012, sign for publication in the Federal Regist er a notice or notices of the9 Agency’s final action either approving a SIP, prom ulgating a FIP, or approving a SIP in part with promulgation of a partial FIP, for Georgia to meet the applicable requirements of section 110(a)(2)(G), 42 U.S.C. § 7410(a)(2)(G), as identified in the Findings Notice 10. Pursuant to section 110(k) of the C AA, 42 U.S.C. § 7410(k), EPA shall no later than January 31, 2012, sign for publication in the Fe deral Register a notice or notices of the Agency’s final action either approving, disapprov ing, or approving in part and disapproving in part the 1997 8-hour ozone NAAQS Infrastructure SIP, except for portions addressing the applicable requirements of section 110(a)(2)(G), 42 U.S.C. § 7410(a)(2)(G), for Georgia. The 1997 8-hour ozone NAAQS Infrastructure SIP submissions for Georgia are specifically

identified in Chart “A” attached hereto. 11. Pursuant to section 110(k) of the C AA, 42 U.S.C. § 7410(k), EPA shall sign for publication in the Federal Register: (a) no later than March 31, 2012, a notice or notices of the Agency’s proposed action either approving, disapprovin g, or approving in part and disapproving in part the 1997 8-hour ozone NAAQS Infrastructure SIP, except the applicable requirements of section 110(a )(2)(C) & (J), 42 U.S.C. § 7410(a)(2)(C) & (J), regardi ng NOx as a precursor for ozone, for

Tennessee. The 1997 8-hour ozone NAAQS Infrastructure SIP submissions for Tennessee are speci fically identified in Chart “A” attached hereto; and (b) no later than July 31, 20 12, a notice or notices of the Agency’s final action either approving, disapproving, or a pproving in part and disapproving in part the 1997 8-hour ozone NAAQS In frastructure SIP, except the10 applicable requirements of secti on 110(a)(2)(C) & (J ), 42 U.S.C. § 7410(a)(2)(C) & (J), regarding NOx as a precursor for ozone, for

Tennessee. The 1997 8-hour ozone NAAQS Infrastructure SIP submissions for Tennessee are speci fically identified in Chart “A”

attached hereto. 12. Pursuant to section 110(k) of the C AA, 42 U.S.C. § 7410(k), EPA shall no later than January 31, 2012, sign for publication in the Fe deral Register a notice or notices of the Agency’s final action either approving, disapprov ing, or approving in part and disapproving in part the 1997 8-hour ozone NAAQS Infrastructure SIP, relating to portions addressing the applicable requirements of section 110(a)(2 )(C) & (J), 42 U.S.C. §§ 7410(a)(2)(C) & (J), regarding NOx as a precursor for ozone, for Tennessee. The 1997 8-hour ozone NAAQS

Infrastructure SIP submissions for Tennessee are specifically identified in Chart “A” attached

hereto. 13. Pursuant to section 110(k) of the C AA, 42 U.S.C. § 7410(k), EPA shall no later than January 31, 2012, sign for publication in the Fe deral Register a notice or notices of the Agency’s final action either approving, disapprov ing, or approving in part and disapproving in part the 1997 8-hour ozone NAAQS Infrastructure SIPs for Nevada and North Carolina. The 1997 8-hour ozone NAAQS Infrastructure SIP subm issions for Nevada and North Carolina are specifically identified in Chart “A” attached hereto. 14. Within 15 business days after taking each action required in Paragraphs 1-13,

EPA shall send notice of such action to the O ffice of the Federal Register for review and publication.11 15. Sierra Club submitted Plaintiff’s SSM Pe tition on June 30, 2011. Plaintiff’s SSM Petition addresses certain specificall y identified provisions in the SI Ps of states that Sierra Club contends are contrary to th e CAA and EPA’s policies for emissions during SSM events, and explains the basis for that contention with resp ect to each identified pr ovision. EPA shall take final action to grant or to deny Plaintiff’s SSM Petition by August 31, 2012. Plaintiffs agree that EPA may meet this obligation in one or more administrative actions, as EPA determines appropriate, and that EPA may elect to grant or to deny Plaintiff’s SSM Petition with respect to individual alleged illegal SSM pr ovision, as EPA determines is consistent with the CAA and its policies. EPA further agrees th at for purposes of this Settleme nt Agreement, a grant of the petition in question with respect to an alleged i llegal SSM provision shall entail the issuance of a final SIP call under CAA section 110(k)(5) or of a final error correction under CAA section 110(k)(6), as EPA deems appropriate, by the August 31, 2012, deadline. Nothing in this Settlement Agreement shall be construed as precluding the Plaintiff from challenging EPA’s response to Plaintiff’s SSM Petiti on in whole or in part. 16. For purposes of this Settlement Agreement only, and in consideration of EPA’s agreement to act upon the Plaintiff’s SSM Peti tion by the August 31, 2012 deadline, Plaintiffs agree that EPA is not obligated to take affirma tive action to address the Alleged SIP Deficiencies in the existing SIPs in the context of acti ng upon the 1997 8-hour ozone NAAQS Infrastructure SIPs. This paragraph shall no longer apply if EPA fails to comply with the August 31, 2012 deadline in Paragraph 15. 17. Plaintiffs further agree, in consid eration for EPA’s ag reement to act upon Plaintiff’s SSM Petition by the August 31, 2012 d eadline, not to file any motion or other pleading in the matters identified in Attachment “B ” attached hereto, or file a motion to intervene12 in any other litigation brought by any other party related to the 1997 8-hour ozone NAAQS Infrastructure SIPs, or the comparable SIPs submitted by States for the 1997 PM2.5 NAAQS or the 2006 PM2.5 NAAQS, requesting the court (i) to fi nd EPA in violation of the consent decree in the aforementioned cases or (ii) to provide any other relief, based upon EPA’s allegedly not taking final action on the SIP submissions requi red under CAA section 110(a)(2) for the 1997 8- hour ozone NAAQS, 1997 PM2.5 NAAQS, or th e 2006 PM2.5 NAAQS with respect to the Alleged SIP Deficiencies. This paragraph shall no longer appl y and Plaintiffs may file any motion or other pleading in the actions identi fied in Attachment “B”, including a motion for contempt, if EPA fails to comply with th e August 31, 2012 deadline in Paragraph 15. EPA preserves all of its defenses. 18. EPA shall provide Plaintiffs with written notice and an opportunity to cure if EPA believes Plaintiffs have failed to comply with Paragraphs 16 or 17. Pl aintiffs shall not be considered in breach of this Settlement Agreement until 30 days have passed after Plaintiffs have

received EPA’s written notice of an alleged breach of Paragraphs 16 or 17 and Plaintiffs have not withdrawn the motion or other pleading which EP A believes was a breach of Paragraphs 16 or

17. 19. The Parties may agree to extend any d eadlines contained in this Settlement Agreement by mutual written consent. 20. Within 15 days of signing this Settlement Agreement, the Parties agree to file a joint motion in the district court to admini stratively close Sierra Club et al. v. Jackson , No. 3:10- cv-04060-CRB (N.D. Cal). Plaintiffs shall file a motion for voluntary dismi ssal of Sierra Club et

al. v. Jackson , No. 3:10-cv-04060-CRB (N.D. Cal), with prejudice, in accordance with Rule 41(a) of the Federal Rules of Civil Procedure, with respect to all claims in the Complaint within13 15 days after notice appears in the Federal Register of EPA ta king the last rulemaking action required under Paragraphs 1-13, and 15 of this Settlement Agreement.

21. If EPA fails to take actio n as set forth in Paragraphs 1 - 15, the Plaintiffs’ sole remedy under this Settlement Agreement shall be the right to reinstat e Sierra Club et al. v.

Jackson , No. 3:10-cv-04060-CRB (N.D. Cal). EPA does not waive or limit any defense relating to such litigation. In Si erra Club et al. v. Jackson , No. 3:10-cv-04060-CRB (N.D. Cal), the Parties agree that contempt of court is not an available remedy under this Settlement Agreement 22. Nothing in this Settlement Agreement sh all be construed to limit or modify the discretion accorded EPA by the CAA and by genera l principles of admini strative law, including the discretion to alter, amend or revise any responses and/or actions contemplated by this Settlement Agreement. EPA’s obligation to take the actions set forth in Paragraphs 1-15 by the time specified therein does not constitute a limitation or modification of EPA’s discretion within the meaning of this paragraph. 23. EPA agrees that, pursuant to sectio n 304(d) of the CAA, 42 U.S.C. § 7604(d), Plaintiffs are both eligible and entitled to recover their costs of litigation in this action, including reasonable attorneys’ fees, incurred prior to execu tion of this Settlement Agreement. The Parties shall seek to resolve informally any claim for costs of litigation, including reasonable attorneys’

fees. 24. The obligations imposed by EPA under this Settlement Agreement may only be undertaken using appropriated f unds. No provisions of this Settlement Agreement shall be interpreted as or constitute a commitment or requirement that EPA obligate or pay funds in

contravention of the Anti-Deficie ncy Act, 31 U.S.C. § 1341, or any ot her applicable fe deral law.14 25. The Parties agree and acknowledge that prior to entering into this Settlement Agreement, EPA must provide notice of this Se ttlement Agreement in the Federal Register and an opportunity for public comment pursuant to se ction 113(g) of the CAA, 42 U.S.C. § 7413(g). After this Settlement Agreement has undergone notice and comment, the Administrator and/or the Attorney General, as appropr iate, shall promptly consider any such written comments in determining whether to withdraw or withhold their c onsent to the Settlement Agreement, in accordance with section 113( g) of the CAA. 26. Any notices required or provided for by this Settlement Agreement shall be made in writing, via facsimile, e-mail or othe r means, and sent to the following:

For Plaintiffs : Robert Ukeiley Law Office of Robert Ukeiley 435R Chestnut Street, Suite 1 Berea, KY 40403 Tel: 859-986-5402 Fax: 866-618-1017 rukeiley@igc.org Kimberly [Kasey] Sturm 260 Peachtree Street, NW Suite 1200 Atlanta, Georgia 30303 Tel: 404.525.9205 Fax: 404.522.0275 ksturm@stack-envirolaw.com

For Defendant : Michelle R. Lambert Trial Attorney U.S. Department of Justice Environment and Natural Resources Division Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-3986 Tel: (202) 616-750115 Fax: (202) 514-8865 Email: michelle.lambert@usdoj.gov Geoffrey L. Wilcox Office of the General Counsel U.S. Environmental Protection Agency Ariel Rios Bldg. MC 2344A 1200 Pennsylvania Ave., NW Washington, D.C. 20460 Phone: (202) 564-5601 Fax: (202) 564-5603 Email: wilcox.geoffrey@epa.gov

27. The undersigned representatives of e ach party certify that they are fully authorized by the party that they represent to bi nd that party to the te rms of this Settlement Agreement.

COUNSEL FOR PLAINTIFFS:

Dated:

__________________________ Kimberly [Kasey] A. Sturm ( Admitted Pro Hac Vice) 260 Peachtree Street, NW Suite 1200 Atlanta, Georgia 30303 (404) 525-9205 (404) 522-0275 ksturm@stack-envirolaw.com Counsel for Plaintiffs

COUNSEL FOR DEFENDANT: Dated: _______

IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division16 _____________________________________ Michelle R. Lambert Trial Attorney U.S. Department of Justice Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-3986 Tel: (202) 616-7501 Fax: (202) 514-8865 michelle.lambert@usdoj.gov Counsel for Defendant