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SETTLEMENT AGREEMENT

WHEREAS, on August 10, 2011, Plaintiffs Sierra Club and WildEarth Guardians filed 

their second amended complaint (“Complaint”) 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 Environmental Protection Agency (“EPA”), alleging 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, 42 U.S.C. § 7604(a)(2); 

 WHEREAS, Plaintiffs alleged that EPA has failed to perform a duty mandated by CAA 

section 110(c)(1), 42 U.S.C. § 7410(c)(1), to promulgate Federal Implementation Plans (“FIPs”) 

within twenty-four (24) months after issuing a finding of failure to submit State Implementation 

Plans (“SIPs”) meeting applicable requirements 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 regard 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 requirements 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 regard 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 complete SIP submission, in whole or in part, to meet 
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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 applicable requirements of section 110(a)(2) for which EPA had not 

made findings of failure to submit; 

 WHEREAS, the Parties agree that EPA’s obligations 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 applicable requirements of section 110(a)(2) as set out in 

the Findings Notice; 

 WHEREAS, the Parties agree that EPA’s obligations under this Settlement Agreement to 

take action pursuant to section 110(k) of the CAA are only applicable to the specific findings that 

certain states made complete submissions, in whole or in part, for the applicable requirements of 

section 110(a)(2) as set out in the Findings Notice; 

 WHEREAS, the term "1997 8-hour ozone NAAQS 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) pertaining 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 actions regarding sections 110(a)(2)(D)(i), 

110(a)(2)(I), and portions of section 110(a)(2)(C) pertaining to nonattainment area requirements; 
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 WHEREAS, the Parties disagree as to whether, in the context of acting upon the 1997 8-

hour ozone NAAQS infrastructure SIPs, EPA must take 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 consent decree by failing to address these issues; 

EPA contends that it is not required to address these substantive issues 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 startup, shutdown, or malfunction at sources that may be contrary to 

the CAA and EPA’s policies addressing such emissions (“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 process 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 requirements 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 inconsistent 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”)(collectively, the “Alleged SIP Deficiencies”); 

 WHEREAS, Sierra Club submitted a petition 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 agreed to settle claims set forth in the Complaint without 

admission of any issue of fact or law; 
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 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 Settlement 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 protracted litigation; 

 NOW THEREFORE, the Parties, intending 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, 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; 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, 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. 
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 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, promulgating 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, 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. 

 3. 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 March 31, 2012, a notice or notices of the Agency’s proposed 

action either approving, disapproving, 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)(C) & (J), 42 U.S.C. § 7410(a)(2)(C) & (J), for Maryland and 

Arkansas. The 1997 8-hour ozone NAAQS Infrastructure SIP 
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submissions for Maryland and Arkansas 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 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)(C) & (J), 42 

U.S.C. § 7410(a)(2)(C) & (J), for Maryland and Arkansas. The 1997 8-

hour ozone NAAQS Infrastructure SIP submissions for Maryland and 

Arkansas are specifically identified in Chart “A” attached hereto. 

4. 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 Register 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 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 CAA, 42 U.S.C. § 7410(k), EPA shall no later 

than January 31, 2012, sign for publication in the Federal Register a notice or notices of the 

Agency’s final action either approving, disapproving, 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)(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 identified in Chart “A” attached hereto. 
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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 notice 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 partial 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, 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, 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. 

7. 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 March 31, 2012, a notice or notices of the Agency’s proposed 

action either approving, disapproving, 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 Florida. The 1997 8-hour 

ozone NAAQS Infrastructure SIP submissions for Florida 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 approving in part and disapproving in 
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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 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, disapproving, or approving in part and 

disapproving in part the 1997 8-hour ozone NAAQS Infrastructure SIP for 

Arizona regarding applicable requirements 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 Infrastructure SIP submissions for 

Arizona are specifically identified in Chart “A” attached hereto; and 

(b) no later than October 15, 2012, a notice or notices of the Agency’s final 

action either approving, disapproving, or approving in part and 

disapproving in part the 1997 8-hour ozone NAAQS Infrastructure SIP for 

Arizona regarding applicable requirements 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 Infrastructure 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 Register a notice or notices of the 
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Agency’s final action either approving a SIP, promulgating 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 CAA, 42 U.S.C. § 7410(k), EPA shall no later 

than January 31, 2012, sign for publication in the Federal Register a notice or notices of the 

Agency’s final action either approving, disapproving, 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 CAA, 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, disapproving, 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), 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; and 

(b) no later than July 31, 2012, a notice or notices of the Agency’s final action 

either approving, disapproving, or approving in part and disapproving in 

part the 1997 8-hour ozone NAAQS Infrastructure SIP, except the 
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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. 

12. Pursuant to section 110(k) of the CAA, 42 U.S.C. § 7410(k), EPA shall no later 

than January 31, 2012, sign for publication in the Federal Register a notice or notices of the 

Agency’s final action either approving, disapproving, 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 CAA, 42 U.S.C. § 7410(k), EPA shall no later 

than January 31, 2012, sign for publication in the Federal Register a notice or notices of the 

Agency’s final action either approving, disapproving, 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 submissions 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 Office of the Federal Register for review and 

publication. 
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15. Sierra Club submitted Plaintiff’s SSM Petition on June 30, 2011. Plaintiff’s SSM 

Petition addresses certain specifically identified provisions in the SIPs of states that Sierra Club 

contends are contrary to the CAA and EPA’s policies for emissions during SSM events, and 

explains the basis for that contention with respect to each identified provision. 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 provision, as EPA determines is consistent with the CAA and its 

policies. EPA further agrees that for purposes of this Settlement Agreement, a grant of the 

petition in question with respect to an alleged illegal 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 Petition 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 Petition by the August 31, 2012 deadline, Plaintiffs 

agree that EPA is not obligated to take affirmative action to address the Alleged SIP Deficiencies 

in the existing SIPs in the context of acting 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 consideration for EPA’s agreement to act upon 

Plaintiff’s SSM Petition by the August 31, 2012 deadline, not to file any motion or other 

pleading in the matters identified in Attachment “B” attached hereto, or file a motion to intervene 
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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 find 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 required under CAA section 110(a)(2) for the 1997 8-

hour ozone NAAQS, 1997 PM2.5 NAAQS, or the 2006 PM2.5 NAAQS with respect to the 

Alleged SIP Deficiencies. This paragraph shall no longer apply and Plaintiffs may file any 

motion or other pleading in the actions identified in Attachment “B”, including a motion for 

contempt, if EPA fails to comply with the 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. Plaintiffs 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 EPA believes was a breach of Paragraphs 16 or 

17. 

19. The Parties may agree to extend any deadlines 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 administratively close Sierra Club et al. v. Jackson, No. 3:10-

cv-04060-CRB (N.D. Cal). Plaintiffs shall file a motion for voluntary dismissal 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 within 
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15 days after notice appears in the Federal Register of EPA taking the last rulemaking action 

required under Paragraphs 1-13, and 15 of this Settlement Agreement. 

21. If EPA fails to take action as set forth in Paragraphs 1 - 15, the Plaintiffs’ sole 

remedy under this Settlement Agreement shall be the right to reinstate 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 Sierra 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 shall be construed to limit or modify the 

discretion accorded EPA by the CAA and by general principles of administrative 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 section 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 execution 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 funds. 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-Deficiency Act, 31 U.S.C. § 1341, or any other applicable federal law. 
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 25. The Parties agree and acknowledge that prior to entering into this Settlement 

Agreement, EPA must provide notice of this Settlement Agreement in the Federal Register and 

an opportunity for public comment pursuant to section 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 appropriate, shall promptly consider any such written comments in 

determining whether to withdraw or withhold their consent 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 other 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) 616-7501 
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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 each party certify that they are fully 

authorized by the party that they represent to bind that party to the terms 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 Division 
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 _____________________________________ 

 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