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 Environmental Protection Agency, 

Defendant. 

NOTICE OF LODGING CONSENT DECREE AND 

JOINT MOTION FOR STAY OF PROCEEDINGS 

Plaintiffs WildEarth Guardians, National Parks Conservation Association and 

Environmental Defense Fund, and Defendant Lisa Jackson, Administrator of the United 

States Environmental Protection Agency, hereby give notice of the lodging of a 

proposed Consent Decree to resolve all claims in this litigation. The proposed Consent 

Decree accompanies this Notice. For the reasons 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 Decree required by section 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 

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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 required 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 Administrator of EPA or the Attorney General, 

as appropriate, must consider those comments and determine whether they should 

withdraw their consent to the proposed Consent Decree. Id. The parties acknowledge 

this requirement in paragraph 24 of the proposed 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 withdraw 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, the parties will file an appropriate 

notice or motion requesting entry of the Consent Decree. 

 In the meantime, the parties respectfully 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, which, if entered, will completely resolve 

Plaintiffs’ claims in this case. The parties have done everything within their power to 

achieve a final settlement at this point in the litigation. Congress has mandated that 

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EPA undertake the public comment process described above, and the parties cannot 

proceed further until after completion 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 judicial economy and to conserve the resources 

of the parties, the Court should stay all proceedings 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 6th 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 

 

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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 

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CERTIFICATE OF SERVICE 

I hereby certify that on this 6th 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/ECF 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 

___________________ 

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