SETTLEMENT AGREEMENT

WHEREAS, Plaintiff Louisiana Environmental Action Network filed, pursuant to section

505(b)(2) of the Clean Air Act, 42 U.S.C. § 7661d(b)(2), a petition on March 28, 2011 with

Defendant, Lisa Jackson, Administrator of the U.S. Environmental Protection Agency ("EPA"),

requesting that EPA object to Title V Operating Permit No. 2453-V2 issued by the Louisiana

Department of Environmental Quality to Noranda Alumina, LLC for its alumina processing

facility in Gramercy, St. John the Baptist Parish, Louisiana ("Noranda Petition");

WHEREAS, Plaintiff filed a complaint styled as Louisiana Environmental Action

Network v. Jackson, No. 3:12-cv-0088-JTT-JDK (M.D. La.) ("Complaint"), on February 15,

2012, pursuant to section 304(a)(2) of the Clean Air Act, 42 U.S.C. § 7604(a)(2), alleging that

EPA has a nondiscretionary duty under section 505(b)(2) of the Clean Air Act, 42 U.S.C. §

7661 d(b)(2), to grant or deny the Noranda Petition within 60 days of the filing of the Petition and

further alleging that EPA has not granted or denied the Petition;

WHEREAS, EPA does not admit any allegation of fact or law alleged in Plaintiff s

Complaint;

WHEREAS, EPA and Plaintiff (collectively, the "Parties") wish to implement this

Settlement Agreement ("Agreement") to avoid protracted and costly litigation and to preserve

judicial resources;

NOW, THEREFORE, the Parties, intending to be bowed by this Agreement, hereby

stipulate and agree as follows:

1. Within 10 days after this Agreement is executed by the Parties (i.e., signed), but

before finalization pursuant to Paragraph 5 of this Agreement, the Parties shall file a joint motion

with the Court notifying it of this Agreement and requesting that this case be stayed pending
completion of, and subject to, the terms of this Agreement.

2. EPA shall grant or deny the Noranda Petition no later than December 15, 2012

pursuant to section 505(b)(2) of the Clean Air Act, 42 U.S.C. § 7661d(b)(2). Once EPA grants

or denies the Noranda Petition, EPA shall expeditiously provide written notice to Plaintiff

through its undersigned counsel.

3. If the Agreement becomes final pursuant to Paragraph 5, Plaintiff shall file a

motion for voluntary dismissal of the Complaint under Rule 41(a)(1) of the Federal Rules of

Civil Procedure, with prejudice, within 15 days of the date when EPA provides written notice

pursuant to Paragraph 2.

4. If EPA fails to take action as set forth in Paragraph 2, Plaintiffs sole remedy

under this Agreement shall be the right to ask the Court to lift the stay of proceedings and

establish a schedule for further proceedings. EPA does not waive or limit any defense relating to

such litigation. The Parties agree that contempt of court is not an available remedy under this

Agreement.

5. The Parties agree and acknowledge that before this Agreement is final, EPA must

provide notice in the Federal Register and an opportunity for public comment pursuant to Clean

Air Act section 113(g), 42 U.S.C. § 7413(g). EPA shall expeditiously submit such notice of this

Agreement to the Federal Register for publication and public comment after the Agreement is

executed by the Parties (i.e., signed). After this Agreement has undergone an opportunity for

notice and comment, the Administrator or the Attorney General, as appropriate, shall promptly

consider any such written comments in determining whether to withdraw or withhold her or his

consent to the Agreement, in accordance with section 113(g) of the Clean Air Act. Once the

Administrator or the Attorney General elects whether or not to withdraw or withhold her or his

2
consent to this Agreement, EPA shall expeditiously provide written notice to Plaintiff through its

undersigned counsel. This Agreement shall become final on the date, if any, that EPA provides

written notice to Plaintiff that the Administrator and Attorney General consent to this

Agreement. If EPA does not provide such written notice within 60 days after the notice of the

Agreement is published in the Federal Register, Plaintiffls sole remedy with respect to the

Noranda Petition shall be the right to ask the Court to lift the stay of this proceeding and

establish a schedule for further proceedings. EPA does not waive or limit any defense relating to

such litigation. The Parties agree that contempt of court is not an available remedy under this

Agreement.

6. This Agreement may be modified by written stipulation signed by the Parties.

7. Nothing in this Agreement shall be construed to limit or modify the discretion

accorded EPA by the Clean Air Act or by general principles of administrative law, including

discretion to alter, amend, or revise any responses or final actions contemplated by this Decree.

EPA's obligation to perform the action specified in Paragraph 2 by the time specified therein

does not constitute a limitation or modification of EPA's discretion within the meaning of this

paragraph.

8. EPA agrees that any motion to dismiss pursuant to Paragraph 3 will be without

prejudice to Plaintiff s right to move for costs of litigation (including reasonable attorneys' fees).

EPA reserves its right to object to the award of any such costs. The Parties agree that Plaintiff

shall have until 120 days after any motion to dismiss pursuant to Paragraph 3 to file a motion for

costs of litigation (including attorneys' fees). During this time the Parties shall seek to resolve

informally any claim for costs of litigation (including attorneys' fees).
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COR VAN DALEN

Tulane Environmental Law Clinic

6329 Freret St.

New Orleans, LA 70118

Tel: (504) 862-8818

Fax: (504)862-8721

cvandale@tulane.edu

DATED: ~G~ ~~ Z

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FOR DEFENDANT

IGNACIA S. MORENO

Assistant Attorney General

Environment &Natural Resources Division

CHRISTINA L. RICHMOND

Environmental Defense Section

Environment &Natural Resources Division

United States Department of Justice

P.O. Box 23986

Washington, D.C. 20026-3986

Phone (202) 514-3376

F~ (202) 514-8865

Christina.Richmond2@usdoj .gov

DATED: ~~ ,z~ ~~/~