# ATTACHMENT A1 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT

, Petitioner,

v.

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

Petition for Review of Decision of the United States Environmental Protection Agency No. 10

- 72709

CALIFORNIA DEPARTMENT OF PARKS AND RECREATION, Petitioner,

v.

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. No. 10

- 72729

JOINT MOTION REQUESTING THAT THE CASE CONTINUE TO BE WITHHELD FROM SUBMISSION

Petitioners Imperial County Air Pollution Control District (“Air District”)

and Califor nia Department of Parks and Recreation (“Parks”) and Respondent

United States Environmental Protection Agency (“EPA”) (collectively, the2 “Parties”) have negotiated a settlement in this matter and hereby jointly request

that th ese consolidated petitions for review continue to be withheld from

submission to the panel pending completion of

, and subject to

, the te rms of the

settlement agreement

. In support of this motion, the Parties state as follows:

1. On February 15, 2012, the United States Court of Appeals fo r the

Ninth Circuit heard oral argument on these consolidated petitions for review. O n

February 17, 2012

, the panel issued an Order that referred these petitions to

mediation, vacated submission of the petitions to the Court until further order, and

noted that in the event that mediation efforts fail, the panel will finalize a

disposition of the petitions without further briefing or argument from the P arties

.

See D ocket No. 83.

2. The Parties have negotiated a settlement agreement that must now go

through a public comment period. Pursuant to Section 113(g) of the Clean Air

Act, 42 U.S.C. § 7413(g), the EPA Administrator is to provide “a reasonable

opportunity by notice in the Federal Register to persons who are not named as

parties or intervenors to the acti on” to comment in writing upon proposed

settlements . After a reasonable public comment period, which must last at least

thirty days from the aforementioned Federal Register notice, the EPA

Administrator or the Attorney General, as appropriate, must prompt ly consider any

written comments received

. Id. The Administrator or the Attorney General, as3 appropriate, may withdraw or withhold consent to the proposed s ettlement

a greement if comments disclose facts or considerations which indicate that the

settlemen t a greement is inappropriate, improper, inadequate or inconsistent with

the requirements of the Clean Air Act. Id . If consent is not withdrawn or

withheld, the s ettlement agreement will become final.

3. Under the settlement agreement, the Parties agree to perform certain

actions, the completion of which will result in an action by Petitioners to file

motions to dismiss their petitions with prejudice pursuant to Fed. R. App. Pro. 42.

In the event that such actions are not completed , the settlement agreement specifies

that , by a date certain, the Petitioners shall fil e motions to dismiss their petitions

with prejudice pursuant to Fed. R. App. Pro. 42. Finally, t he settlement agreement

specifies the circumstances under which the Parties may, at their election , move to

request that the United States Court of Appeals for the Ninth Circuit submit this

matter to the panel and proceed to a decision.

Accordingly, the P arties jointly request that this action continue to be

withheld from submittal to the panel at t his time to allow the Parties to perform the

obligations set forth in the settlement agreement, subject to the terms and

conditions set forth therein.4 Respectfully Submitted,

For Petitioner Air District: Dated:

_______ ____________________________ RICK ROTHMAN (Bar No. 157844) Bingham McCutchen LLP 355 South Grand Avenue, Suite 4400 Los Angeles, CA 90071

- 3106 tele: (213) 680

- 6400 fax: (213) 680

- 6499 email: rick.rothman@bingham.com Counsel for Petitioner Imperial C ounty Air Pollution Control District

For Petitioner Parks: Dated:

_______ ___________________________ KAMALA D. HARRIS Attorney General of California JOHN A. SAURENMAN Senior Assistant Attorney Ge neral JAMEE JORDAN PATTERSON Supervising Deputy Attorney General

HAYLEY PETERSON Deputy Attorney General State Bar No. 179660 110 West A Street, Suite 1100 San Diego, CA 92101 tele: (619) 645

- 2540 f

ax: (619) 645

- 2012 email: hayley.peterson@doj.ca.gov Coun sel for Petitioner California Department of Parks and Recreation

For Respondent EPA: Dated:

_______ _____________________________ IGNACIA S. MORENO Assistant Attorney General5 Environment and Natural Resources Division

CHRISTINA L. RICHMOND Environmental Defense Section Environment and Natural Resources Division United States Department of Justice P.O. Box 7611 Washington, D.C. 20026

- 3986 tele: (202) 514

- 3376 fax: (202) 514

- 8865 email: c hristina.richmond2@usdoj.gov Counsel for Respo ndent United States Environmental Protection AgencyUNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT,

Petitioner,

v.

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,

Respondent. No. 10-72709

ORDER

CALIFORNIA DEPARTMENT OF PARKS AND RECREATION,

Petitioner,

v.

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,

Respondent. No. 10-72729

Before: PREGERSON, HAWKINS, and BEA, Circuit Judges.

Upon consideration of the Joint Motion Requesting that the Case Continue

to be Withheld From Submission, and finding that good cause exists, the motion is

GRANTED.