ATTACHMENT A
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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 California Department of Parks and Recreation (“Parks”) and Respondent 

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

that these consolidated petitions for review continue to be withheld from 

submission to the panel pending completion of, and subject to, the terms 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 for the 

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

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 Parties. 

See Docket 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 action” 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 promptly consider any 

written comments received. Id. The Administrator or the Attorney General, as 
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appropriate, may withdraw or withhold consent to the proposed settlement 

agreement if comments disclose facts or considerations which indicate that the 

settlement agreement is inappropriate, improper, inadequate or inconsistent with 

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 If consent is not withdrawn or 

withheld, the settlement 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 file motions to dismiss their petitions 

with prejudice pursuant to Fed. R. App. Pro. 42. Finally, the 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 Parties jointly request that this action continue to be 

withheld from submittal to the panel at this time to allow the Parties to perform the 

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

conditions set forth therein.
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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 

County Air Pollution Control District

For Petitioner Parks:

Dated: _______ ___________________________

KAMALA D. HARRIS

Attorney General of California

JOHN A. SAURENMAN

Senior Assistant Attorney General

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

fax: (619) 645-2012

email: hayley.peterson@doj.ca.gov

Counsel for Petitioner California 

Department of Parks and Recreation

For Respondent EPA: 

Dated: _______ _____________________________

IGNACIA S. MORENO

Assistant Attorney General
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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:christina.richmond2@usdoj.gov

Counsel for Respondent United States 

Environmental Protection Agency
UNITED 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.