IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-0001-CMA-MEH (Consolidated with 11-cv-00743-CMA-MEH) WILDEARTH GUARDIANS, Plaintiff,

v. LISA JACKSON, in her official capacity as Administrator, United States Environment al Protection Agency,

Defendant.

NOTICE OF LODGING CONSENT DECREE AND JOINT MOTION FOR ST AY OF PROCEEDINGS

Plaintiffs WildEarth Guardians, Nati onal Parks Conservation Association and Environmental Defense Fund, and Defendant Li sa Jackson, Administrator of the United States Environmental Protec tion Agency, hereby give no tice of the lodging of a proposed Consent Decree to resolve all claims in this litigation. The proposed Consent Decree accompanies this Notice. For the r easons explained below, the parties request that the Court not sign or enter the proposed Consent Decree at this time. The parties also respectfully request that the Court stay all proceedings in this case through and including July 29, 2011, pending the outcome of the mandatory public notice-andcomment process on the proposed Consent De cree required by sect ion 113(g) of the Clean Air Act, 42 U.S.C. § 7413(g). Clean Air Act section 113(g) requires that notice of this proposed Consent Case 1:11-cv-00001-CMA -MEH Document 35 Filed 06/06/11 USDC Colorado Page 1 of 52 Decree be given to the public through publication in the Federal Register , and that the public shall have a reasonable opportunity to comment on the proposed Consent Decree. 42 U.S.C. § 7413(g). Congress specifically requir ed that EPA provide at least 30 days for this opportunity for public comment. Id . If any comments are received on the proposed Consent Decree, then the Administ rator of EPA or the Attorney General, as appropriate, must consider those co mments and determine whether they should

withdraw their consent to t he proposed Consent Decree. Id . The parties acknowledge this requirement in paragraph 24 of the pr oposed Consent Decree. EPA is preparing the notice, which will be promptly transmitted to the Office of the Federal Register for publication. Once the notice-and-comment process is completed, EPA will inform the Court and Plaintiffs on or before July 29, 2011as to whether the Administrator and/or the Attorney General has determined to withdr aw consent to the proposed Consent Decree or to proceed with entry of the proposed Consent Decree. In the former case, the parties will file a joint status report. In the latter case, th e parties will file an appropriate notice or motion requesting ent ry of the Consent Decree. In the meantime, the parties respec tfully request that the Court stay all proceedings in this case through and including July 29, 2011, while the Clean Air Act section 113(g) notice-and-comment process is completed. The parties have now lodged their proposed Consent Decree, whic h, if entered, will completely resolve Plaintiffs’ claims in this case. The par ties have done everything within their power to achieve a final settlement at this point in the litigation. Congress has mandated that Case 1:11-cv-00001-CMA -MEH Document 35 Filed 06/06/11 USDC Colorado Page 2 of 53 EPA undertake the public comment process described above, and the parties cannot proceed further until after comple tion of that process. The stay would include Defendant’s obligation to respond to WildEarth Guardians’ motion for partial summary judgment, due June 6, 2011, and Defendant’s obligation to respond to the Environmental Defense Fund’s complaint, due June 10, 2011. A stay of the case would also vacate the scheduling conference currently scheduled for June 20, 2011. Consequently, in the interests of judici al economy and to conserve the resources of the parties, the Court should stay all proc eedings in this case through July 29, 2011, while the mandatory Clean Air Act section 113(g) public notice-and-comment process goes forward on the proposed Consent Decree. The Court should not sign or enter the proposed Consent Decree at this time. Respectfully submitted this 6 th day of June, 2011

.

FOR PLAINTIFF WILDEARTH GUARDIANS s/Ashley D. Wilmes

__________________________ Ashley D. Wilmes WildEarth Guardians 827 Maxwell Ave., Suite L Boulder, CO 80304 (859) 312-4162 awilmes@wildearthguardians.org Case 1:11-cv-00001-CMA -MEH Document 35 Filed 06/06/11 USDC Colorado Page 3 of 54 FOR PLAINTIFF NATIONAL PARKS CONSERVATION ASSOCIATION:

s/ Reed Zars

________________________ Reed Zars Attorney at Law 910 Kearney Street Laramie, WY 82070 307-745-7979 rzars@lariat.org

FOR ENVIRONMENTAL DEFENSE FUND: s/Pamela Campos

______ ____________________ Pamela Campos Environmental Defense Fund 2060 Broadway, Suite 300 Boulder, CO 80302 720-205-2366 pcampos@edf.org

FOR DEFENDANT: IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division By: s/Alan D. Greenberg

______________________ ALAN D. GREENBERG Environmental Defense Section Environment and Natural Resources Division U.S. Department of Justice 999 18th Street South Terrace, Suite 370 Denver, CO 80202 (303) 844-1366 alan.greenberg@usdoj.gov Case 1:11-cv-00001-CMA -MEH Document 35 Filed 06/06/11 USDC Colorado Page 4 of 55 CERTIFICATE OF SERVICE I hereby certify that on this 6 th day of June, 2011, I electronically filed the foregoing Notice of Lodging of Consent Decree and Joint Motion for Stay of Proceedings with the Clerk of the Court using the CM/E CF system, which will send notification of such filing to the following e-mail address: awilmes@wildearthguardians.org jtutchton@wildearthguardinas.org pcampos@edf.org rzars@lariat.org

s/ Alan D. Greenberg

___________________ Case 1:11-cv-00001-CMA -MEH Document 35 Filed 06/06/11 USDC Colorado Page 5 of 5