US District Court Civil Docket

U.S. District - District of Columbia

(Washington, DC)

1:11cv1548

National Parks Conservation Association et al v. United States Environmental Protection Agency 

et al

Date Filed: 08/29/2011

Assigned To: Judge Amy Berman Jackson

Referred To:

Nature of suit: Environmental (893)

Cause: Environmental Matters

Lead Docket: None

Other Docket: 12-05211

Jurisdiction: U.S. Government Defendant

Class Code: OPEN

Closed:

Statute: 33:1365

Jury Demand: None

Demand Amount: $0

NOS Description: Environmental

Litigants Attorneys

National Parks Conservation Association

Plaintiff

David S. Baron

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

EARTHJUSTICE

1625 Massachusetts Avenue, Nw Suite 702

Washington , DC 20036

USA

(202) 667-4500

Fax: (202) 667-2356

Email:Dbaron@earthjustice.Org

Reed Zars

PRO HAC VICE;ATTORNEY TO BE 

NOTICED

LAW OFFICES OF REED ZARS

910 Kearney Street

Laramie , WY 82070

USA

(307) 745-7979

Fax: (307) 745-7999

Email:Rzars@lariat.Org

Sierra Club

Plaintiff

David S. Baron

LEAD ATTORNEY;ATTORNEY TO BE 
NOTICED

EARTHJUSTICE

1625 Massachusetts Avenue, Nw Suite 702

Washington , DC 20036

USA

(202) 667-4500

Fax: (202) 667-2356

Email:Dbaron@earthjustice.Org

Reed Zars

PRO HAC VICE;ATTORNEY TO BE 

NOTICED

LAW OFFICES OF REED ZARS

910 Kearney Street

Laramie , WY 82070

USA

(307) 745-7979

Fax: (307) 745-7999

Email:Rzars@lariat.Org

Montana Environmental Information Center

Plaintiff

David S. Baron

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

EARTHJUSTICE

1625 Massachusetts Avenue, Nw Suite 702

Washington , DC 20036

USA

(202) 667-4500

Fax: (202) 667-2356

Email:Dbaron@earthjustice.Org

Reed Zars

PRO HAC VICE;ATTORNEY TO BE 

NOTICED

LAW OFFICES OF REED ZARS

910 Kearney Street

Laramie , WY 82070

USA

(307) 745-7979

Fax: (307) 745-7999

Email:Rzars@lariat.Org

Environmental Defense Fund

Plaintiff

David S. Baron

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

EARTHJUSTICE
1625 Massachusetts Avenue, Nw Suite 702

Washington , DC 20036

USA

(202) 667-4500

Fax: (202) 667-2356

Email:Dbaron@earthjustice.Org

Reed Zars

PRO HAC VICE;ATTORNEY TO BE 

NOTICED

LAW OFFICES OF REED ZARS

910 Kearney Street

Laramie , WY 82070

USA

(307) 745-7979

Fax: (307) 745-7999

Email:Rzars@lariat.Org

Grand Canyon Trust

Plaintiff

David S. Baron

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

EARTHJUSTICE

1625 Massachusetts Avenue, Nw Suite 702

Washington , DC 20036

USA

(202) 667-4500

Fax: (202) 667-2356

Email:Dbaron@earthjustice.Org

Reed Zars

PRO HAC VICE;ATTORNEY TO BE 

NOTICED

LAW OFFICES OF REED ZARS

910 Kearney Street

Laramie , WY 82070

USA

(307) 745-7979

Fax: (307) 745-7999

Email:Rzars@lariat.Org

San Juan Citizens Alliance

Plaintiff

David S. Baron

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

EARTHJUSTICE

1625 Massachusetts Avenue, Nw Suite 702

Washington , DC 20036
USA

(202) 667-4500

Fax: (202) 667-2356

Email:Dbaron@earthjustice.Org

Reed Zars

PRO HAC VICE;ATTORNEY TO BE 

NOTICED

LAW OFFICES OF REED ZARS

910 Kearney Street

Laramie , WY 82070

USA

(307) 745-7979

Fax: (307) 745-7999

Email:Rzars@lariat.Org

Our Children's Earth Foundation

Plaintiff

David S. Baron

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

EARTHJUSTICE

1625 Massachusetts Avenue, Nw Suite 702

Washington , DC 20036

USA

(202) 667-4500

Fax: (202) 667-2356

Email:Dbaron@earthjustice.Org

Reed Zars

PRO HAC VICE;ATTORNEY TO BE 

NOTICED

LAW OFFICES OF REED ZARS

910 Kearney Street

Laramie , WY 82070

USA

(307) 745-7979

Fax: (307) 745-7999

Email:Rzars@lariat.Org

Plains Justice

Plaintiff

David S. Baron

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

EARTHJUSTICE

1625 Massachusetts Avenue, Nw Suite 702

Washington , DC 20036

USA

(202) 667-4500
Fax: (202) 667-2356

Email:Dbaron@earthjustice.Org

Reed Zars

PRO HAC VICE;ATTORNEY TO BE 

NOTICED

LAW OFFICES OF REED ZARS

910 Kearney Street

Laramie , WY 82070

USA

(307) 745-7979

Fax: (307) 745-7999

Email:Rzars@lariat.Org

Powder River Basin Resource Council

Plaintiff

David S. Baron

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

EARTHJUSTICE

1625 Massachusetts Avenue, Nw Suite 702

Washington , DC 20036

USA

(202) 667-4500

Fax: (202) 667-2356

Email:Dbaron@earthjustice.Org

Reed Zars

PRO HAC VICE;ATTORNEY TO BE 

NOTICED

LAW OFFICES OF REED ZARS

910 Kearney Street

Laramie , WY 82070

USA

(307) 745-7979

Fax: (307) 745-7999

Email:Rzars@lariat.Org

United States Environmental Protection Agency

Defendant

Eileen T. McDonough

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

U.S. DOJ - ENVIRONMENTAL DEFENSE 

SECTION

P.O. Box 23986

L'Enfant Plaza Station

Washington , DC 20026

USA

(202) 514-3126
Fax: (202) 353-7763

Email:Eileen.Mcdonough@usdoj.Gov

Stephanie J. Talbert

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

U.S. DEPARTMENT OF JUSTICE

P.O. Box 7611

Washington , DC 20026

USA

(202) 514-2617

Fax: (202) 514-8865

Email:Stephanie.Talbert@usdoj.Gov

Lisa P. Jackson

in her official capacity as Administrator

[Term: 05/06/2013]

Defendant

Eileen T. McDonough

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

U.S. DOJ - ENVIRONMENTAL DEFENSE 

SECTION

P.O. Box 23986

L'Enfant Plaza Station

Washington , DC 20026

USA

(202) 514-3126

Fax: (202) 353-7763

Email:Eileen.Mcdonough@usdoj.Gov

Stephanie J. Talbert

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

U.S. DEPARTMENT OF JUSTICE

P.O. Box 7611

Washington , DC 20026

USA

(202) 514-2617

Fax: (202) 514-8865

Email:Stephanie.Talbert@usdoj.Gov

Robert Perciasepe

in his official capacity as Acting Administrator, 

United States Environmental Protection Agency

Defendant

Eileen T. McDonough

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

U.S. DOJ - ENVIRONMENTAL DEFENSE 

SECTION

P.O. Box 23986

L'Enfant Plaza Station

Washington , DC 20026
USA

(202) 514-3126

Fax: (202) 353-7763

Email:Eileen.Mcdonough@usdoj.Gov

Gina Mccarthy

in her official capacity as Administrator, United 

States Environmental Protection Agency

Defendant

Eileen T. McDonough

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

U.S. DOJ - ENVIRONMENTAL DEFENSE 

SECTION

P.O. Box 23986

L'Enfant Plaza Station

Washington , DC 20026

USA

(202) 514-3126

Fax: (202) 353-7763

Email:Eileen.Mcdonough@usdoj.Gov

State of Arizona

Intervenor Defendant

James Todd Skardon

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

ARIZONA ATTORNEY GENERAL'S 

OFFICE

Department Of Law Building

1275 West Washington

Phoenix , AZ 85007

USA

(602) 542-8535

Email:James.Skardon@azag.Gov

Joseph P. Mikitish

LEAD ATTORNEY;ATTORNEY TO BE 

NOTICED

ARIZONA ATTORNEY GENERAL'S 

OFFICE

Department Of Law Building

1275 West Washington

Phoenix , AZ 85007

USA

(602) 542-8553

Email:Joseph.Mikitish@azag.Gov

Date # Proceeding Text Source

08/29/2011 1 COMPLAINT against LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 350, 
receipt number 4616041737) filed by GRAND CANYON TRUST, 

SIERRA CLUB, SAN JUAN CITIZENS ALLIANCE, PLAINS 

JUSTICE, OUR CHILDREN'S EARTH FOUNDATION, MONTANA 

ENVIRONMENTAL INFORMATION CENTER, NATIONAL 

PARKS CONSERVATION ASSOCIATION, POWDER RIVER 

BASIN RESOURCE COUNCIL, ENVIRONMENTAL DEFENSE 

FUND. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 

08/30/2011)

08/29/2011 SUMMONS (4) Issued as to LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and 

U.S. Attorney General (jf, ) (Entered: 08/30/2011)

08/29/2011 2 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations 

and Financial Interests NONE by ENVIRONMENTAL DEFENSE 

FUND, GRAND CANYON TRUST, MONTANA 

ENVIRONMENTAL INFORMATION CENTER, NATIONAL 

PARKS CONSERVATION ASSOCIATION, OUR CHILDREN'S 

EARTH FOUNDATION, PLAINS JUSTICE, POWDER RIVER 

BASIN RESOURCE COUNCIL, SAN JUAN CITIZENS ALLIANCE, 

SIERRA CLUB (jf, ) (Entered: 08/30/2011)

10/28/2011 3 Unopposed MOTION for Extension of Time to File Answer re 1 

Complaint, by LISA P. JACKSON (Attachments: # 1 Text of Proposed 

Order, # 2 Certificate of Service)(McDonough, Eileen) (Entered: 

10/28/2011)

10/28/2011 MINUTE ORDER granting 3 Unopposed Motion for Extension of Time 

to Answer re 1 Complaint. The answer is due 11/9/2011. Signed by 

Judge Amy Berman Jackson on 10/28/2011. (MT) (Entered: 

10/28/2011)

11/09/2011 4 NOTICE of Lodging of Consent Decree by LISA P. JACKSON 

(Attachments: # 1 Exhibit Proposed Consent Decree, # 2 Certificate of 

Service)(McDonough, Eileen) (Entered: 11/09/2011)

11/09/2011 5 ENTERED IN ERROR.....Unopposed MOTION for Extension of Time 

to File Answer re 1 Complaint, by LISA P. JACKSON (Attachments: # 

1 Text of Proposed Order, # 2 Certificate of Service)(McDonough, 

Eileen) Modified on 11/10/2011 (dr). (Entered: 11/09/2011)

11/09/2011 ENTERED IN ERROR.....MINUTE ORDER granting 5 Unopposed 

Motion for Extension of Time to Answer. The answer is due 

12/14/2011. Signed by Judge Amy Berman Jackson on 11/9/2011. (MT) 

Modified on 11/10/2011 (dr). (Entered: 11/09/2011)

11/09/2011 MINUTE ORDER re 4 Notice of Lodging of Consent Decree. The 

parties are directed to file a report updating the Court on the status of 

the notice and comment procedure by 1/9/2012 if the defendant has not 

yet filed a motion seeking entry of the consent decree. Signed by Judge 

Amy Berman Jackson on 11/9/2011. (MT) (Entered: 11/09/2011)
11/10/2011 NOTICE OF CORRECTED DOCKET ENTRY: re 5 MOTION for 

extension of time, and Order on Motion for Extension of Time to 

Answer was entered in error because it was filed in the wrong case. (dr) 

(Entered: 11/10/2011)

11/10/2011 6 Unopposed MOTION for Extension of Time to File Answer re 1 

Complaint, by LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 

Text of Proposed Order, # 2 Certificate of Service)(McDonough, 

Eileen) (Entered: 11/10/2011)

11/10/2011 MINUTE ORDER granting 6 Unopposed Motion for Extension of Time 

to Answer. The answer is due 12/14/2011. Signed by Judge Amy 

Berman Jackson on 11/10/2011. (MT) (Entered: 11/10/2011)

11/11/2011 Set/Reset Deadlines: If the Defendand has not yet filed a motion 

seeking the entry of a Consent Decree, The parties are directed to file, 

by 1/9/2012, a report updating the Court on the status of the notice and 

comment procedure. (jth) (Entered: 11/11/2011)

11/18/2011 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Reed 

Zars, :Firm- Private Practice, :Address- 910 Kearney Street Laramie, 

WY 82070. Phone No. - 307-745-7979. Fax No. - 307-745-7999 by 

ENVIRONMENTAL DEFENSE FUND, GRAND CANYON TRUST, 

MONTANA ENVIRONMENTAL INFORMATION CENTER, 

NATIONAL PARKS CONSERVATION ASSOCIATION, OUR 

CHILDREN'S EARTH FOUNDATION, PLAINS JUSTICE, 

POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN 

CITIZENS ALLIANCE, SIERRA CLUB (Attachments: # 1 

Declaration, # 2 Text of Proposed Order)(Baron, David) (Entered: 

11/18/2011)

11/21/2011 MINUTE ORDER granting 7 Motion for Leave of Reed Zars to Appear 

Pro Hac Vice only upon condition that the lawyer admitted, or at least 

one member of the lawyer's firm, undergo CM/ECF training, obtain 

CM/ECF username and password, and agree to file papers 

electronically. No court papers will be mailed to any lawyer. Signed by 

Judge Amy Berman Jackson on 11/21/2011. (MT) (Entered: 

11/21/2011)

12/22/2011 8 MOTION to Intervene by STATE OF ARIZONA (Attachments: # 1 

Affidavit Eric Massey, # 2 Exhibit Answer, # 3 Text of Proposed 

Order)(rdj) (Entered: 12/23/2011)

01/09/2012 9 Unopposed MOTION for Extension of Time to File Response/Reply as 

to 8 MOTION to Intervene by ENVIRONMENTAL DEFENSE FUND, 

GRAND CANYON TRUST, MONTANA ENVIRONMENTAL 

INFORMATION CENTER, NATIONAL PARKS CONSERVATION 

ASSOCIATION, OUR CHILDREN'S EARTH FOUNDATION, 

PLAINS JUSTICE, POWDER RIVER BASIN RESOURCE 

COUNCIL, SAN JUAN CITIZENS ALLIANCE, SIERRA CLUB 
(Attachments: # 1 Text of Proposed Order)(Baron, David) (Entered: 

01/09/2012)

01/09/2012 10 STATUS REPORT (Joint) by LISA P. JACKSON. (McDonough, 

Eileen) (Entered: 01/09/2012)

01/10/2012 MINUTE ORDER granting 9 Unopposed Motion for Extension of Time 

to File Response re 8 MOTION to Intervene. The response will be due 

by 1/13/2012. Signed by Judge Amy Berman Jackson on 1/10/2012. 

(MT) (Entered: 01/10/2012)

01/10/2012 MINUTE ORDER re 10 Joint Status Report. The parties are directed to 

file a joint status report on 2/10/2012, if a motion to enter the consent 

decree has not been filed by that date. Signed by Judge Amy Berman 

Jackson on 1/10/2012. (MT) (Entered: 01/10/2012)

01/11/2012 Set/Reset Deadline: The parties are directed to file a joint status report 

on 2/10/2012, If a motion to enter the consent decree has not been filed 

by that date. (jth) (Entered: 01/11/2012)

01/13/2012 11 STIPULATION re 8 MOTION to Intervene by ENVIRONMENTAL 

DEFENSE FUND, GRAND CANYON TRUST, MONTANA 

ENVIRONMENTAL INFORMATION CENTER, NATIONAL 

PARKS CONSERVATION ASSOCIATION, OUR CHILDREN'S 

EARTH FOUNDATION, PLAINS JUSTICE, POWDER RIVER 

BASIN RESOURCE COUNCIL, SAN JUAN CITIZENS ALLIANCE, 

SIERRA CLUB, STATE OF ARIZONA. (Baron, David) (Entered: 

01/13/2012)

01/20/2012 12 STIPULATED ORDER. Plaintiffs and Proposed-Intervenor Arizona 

stipulate to an order allowing Arizona to intervene as a defendant in this 

matter under the following conditions: (SEE THE ORDER FOR 

COMPLETE DETAILS ON THE CONDITIONS). Signed by Judge 

Amy Berman Jackson on 1/19/2012. (jth) (Entered: 01/20/2012)

01/31/2012 13 Amended ANSWER to 1 Complaint, by STATE OF 

ARIZONA.(Skardon, James) (Entered: 01/31/2012)

02/01/2012 NOTICE OF ERROR re 13 Answer to Complaint; emailed to 

james.skardon@azag.gov, cc'd 8 associated attorneys -- The PDF file 

you docketed contained errors: 1. Invalid attorney signature (jf, ) 

(Entered: 02/01/2012)

02/01/2012 14 (Corrected) Amended ANSWER to 1 Complaint, by STATE OF 

ARIZONA.(Skardon, James) (Entered: 02/01/2012)

02/10/2012 15 STATUS REPORT (Joint) by LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY. (McDonough, Eileen) 

(Entered: 02/10/2012)

02/10/2012 MINUTE ORDER re 15 Joint Status Report. The parties are directed to 

file a joint status report on 2/27/2012, if a motion to enter the consent 

decree has not been filed by that date. Signed by Judge Amy Berman 

Jackson on 2/10/2012. (MT) (Entered: 02/10/2012)
02/11/2012 Set/Reset Deadlines: The parties are directed to file a joint status report 

by 2/27/2012, if a motion to enter the consent decree has not been filed 

by that date. (jth) (Entered: 02/11/2012)

02/27/2012 16 STATUS REPORT (Joint) by LISA P. JACKSON. (McDonough, 

Eileen) (Entered: 02/27/2012)

03/06/2012 MINUTE ORDER re 16 Joint Status Report filed by LISA P. 

JACKSON. The defendant is directed to move to enter the consent 

decree or notify the Court that it is withholding or withdrawing its 

consent on or before March 23, 2012. If EPA does not move to enter the 

decree on or before that date, the parties shall meet and confer and 

submit a joint report to the Court pursuant to LCvR 16.3(c), including a 

proposed schedule for further proceedings, by March 30, 2012. Signed 

by Judge Amy Berman Jackson on 3/6/2012. (MT) (Entered: 

03/06/2012)

03/06/2012 Set/Reset Deadlines: Defendant to either move to enter the consent 

decree or to notify the Court that it is withholding or withdrawing its 

consent by 3/23/2012; If EPA does not move to enter the consent decree 

by that date, the parties shall meet, confer and file a Joint Report 

pursuant to LCvR 16.3(c), including a proposed scheduled for further 

proceedings by 3/30/2012. (jth) (Entered: 03/06/2012)

03/23/2012 17 ENTERED IN ERROR.....MOTION to Approve Consent Judgment 

(Partial) by LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 

Memorandum in Support, # 2 Exhibit Proposed Partial Consent Decree, 

# 3 Text of Proposed Order)(McDonough, Eileen) Modified on 

3/23/2012 (rdj). (Entered: 03/23/2012)

03/23/2012 NOTICE OF CORRECTED DOCKET ENTRY: re 17 MOTION to 

Approve Consent Judgment (Partial) MOTION to Approve Consent 

Judgment (Partial) was entered in error at the request of counsel and 

counsel will refile said pleading. (rdj) (Entered: 03/23/2012)

03/23/2012 18 ENTERED IN ERROR.... MOTION to Approve Consent Judgment 

(Partial) (Correction) by LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 

Memorandum in Support, # 2 Exhibit Proposed Partial Consent Decree, 

# 3 Text of Proposed Order)(McDonough, Eileen) Modified on 

3/26/2012 (znmw, ). (Entered: 03/23/2012)

03/26/2012 NOTICE OF ERROR re 18 Motion to Approve Consent Judgment; 

emailed to eileen.mcdonough@usdoj.gov, cc'd 8 associated attorneys --

The PDF file you docketed contained errors: 1. Incorrect 

document/case, 2. Please refile document, 3. Entered in error; Main 

document is a proposed order; No motion attached. (znmw, ) (Entered: 

03/26/2012)

03/27/2012 19 MOTION to Approve Consent Judgment (Partial) (Corrected) by 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 
(Attachments: # 1 Memorandum in Support, # 2 Exhibit Proposed 

Partial Consent Decree, # 3 Text of Proposed Order)(McDonough, 

Eileen) (Entered: 03/27/2012)

03/30/2012 20 ORDER granting Defendant's 19 Motion to Enter Partial Consent 

Decreee. The Partial Consent Decree will be signed and entered as an 

Order of this Court. Signed by Judge Amy Berman Jackson on 

3/30/2012. (jth) (Entered: 03/30/2012)

03/30/2012 21 PARTIAL CONSENT DECREE. Signed by Judge Amy Berman 

Jackson on 3/30/2012. (jth) (Entered: 03/30/2012)

03/30/2012 MINUTE ORDER: The parties are directed to meet and confer and 

submit a joint report by 4/13/2012 advising the Court of the status of the 

remaining claims and the parties' joint position (or their respective 

positions if there is no agreement) on what procedure and schedule 

should be followed to resolve those matters. Signed by Judge Amy 

Berman Jackson on 3/30/2012. (MT) (Entered: 03/30/2012)

03/30/2012 Set/Reset Deadlines: Meet & Confer Joint Report due by 

4/13/2012. (jth) (Entered: 03/30/2012)

04/02/2012 22 MOTION for Reconsideration re 21 Consent Decree, 20 Order on 

Motion to Approve Consent Judgment Motion for Withdrawal of Entry 

of Consent Decree by STATE OF ARIZONA (Attachments: # 1 Text of 

Proposed Order)(Skardon, James) (Entered: 04/02/2012)

04/03/2012 MINUTE ORDER Intervenor Arizona's objections to the entry of the 

partial consent decree were set out in its memorandum in support of its 

motion to intervene and addressed by the EPA in its motion for entry of 

the decree. The order entering the partial consent decree specifically 

indicated that the Court had taken the objections to the consent decree 

into account. However, since EPA has no objection to this motion, the 

Court will stay the execution of the consent decree as to Arizona until 

after the Court has reviewed Arizona's formal opposition to the motion 

for the partial consent decree and any reply thereto. Arizona's 

opposition to the partial consent decree is due on or before April 10, 

2012, and any reply is due on or before April 17, 2012. In light of this 

ruling, the motion for reconsideration [Dkt. # 22] is denied as moot. 

Signed by Judge Amy Berman Jackson on 4/3/2012. (lcabj2) (Entered: 

04/03/2012)

04/03/2012 Set/Reset Deadlines: Arizona's opposition to the partial consent decree 

is due by 4/10/2012, any reply is due by 4/17/2012. (jth) (Entered: 

04/03/2012)

04/10/2012 23 ENTERED IN ERROR.....Memorandum in opposition to re 19 

MOTION to Approve Consent Judgment (Partial) (Corrected) 

MOTION to Approve Consent Judgment (Partial) (Corrected) filed by 

STATE OF ARIZONA. (Skardon, James) Modified on 4/11/2012 (jf, ). 

(Entered: 04/10/2012)
04/10/2012 24 Memorandum in opposition to re 21 PARTIAL CONSENT DECREE 

filed by STATE OF ARIZONA. (Attachments: # 1 Proposed 

Order)(Skardon, James) Modified on 4/18/2012 to correct docket link 

(jf, ). (Entered: 04/10/2012)

04/13/2012 25 STIPULATION re 21 Consent Decree To Extend Deadline by LISA P. 

JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY. (McDonough, Eileen) (Entered: 04/13/2012)

04/13/2012 26 STATUS REPORT (Joint) by LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY. (McDonough, Eileen) 

(Entered: 04/13/2012)

04/16/2012 MINUTE SCHEDULING ORDER re 26 Status Report filed by LISA P. 

JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY. In an effort to resolve the conflicts between the two 

proposed schedules, and to accommodate the Court's preference for 

sequential briefing, counsel's schedule, and plaintiffs' desire for the last 

word, the Court has established the following schedule: defendant's 

motion for summary judgment will be due 5/15/2012; plaintiffs' 

combined opposition and cross-motion for summary judgment will be 

due 6/8/2012; defendant's combined reply and opposition to the crossmotion is due 6/22/2012; and plaintiffs' reply will be due 6/29/2012. 

Signed by Judge Amy Berman Jackson on 4/16/2012. (MT) Modified 

on 4/17/2012 to reflect that this is a minute order (jth). (Entered: 

04/16/2012)

04/17/2012 Set/Reset Deadlines: Defendant's motion for summary judgment is due 

by 5/15/2012; Plaintiffs' combined opposition and cross motion for 

summary judgment is due by 6/8/2012; Defendant's combined reply and 

opposition to the cross motion is due by 6/22/2012; Plaintiffs' reply to 

the cross motion is due by 6/29/2012. (jth) (Entered: 04/17/2012)

04/17/2012 27 REPLY to opposition to motion re 19 MOTION to Approve Consent 

Judgment (Partial) (Corrected) MOTION to Approve Consent Judgment 

(Partial) (Corrected) filed by UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY. (Attachments: # 1 Exhibit)(McDonough, 

Eileen) (Entered: 04/17/2012)

04/17/2012 28 REPLY re 24 Memorandum in opposition to re 21 PARTIAL 

CONSENT DECREE filed by ENVIRONMENTAL DEFENSE FUND, 

GRAND CANYON TRUST, LISA P. JACKSON, MONTANA 

ENVIRONMENTAL INFORMATION CENTER, NATIONAL 

PARKS CONSERVATION ASSOCIATION, OUR CHILDREN'S 

EARTH FOUNDATION, PLAINS JUSTICE, POWDER RIVER 

BASIN RESOURCE COUNCIL, SAN JUAN CITIZENS ALLIANCE, 

SIERRA CLUB. (Zars, Reed) Modified on 4/18/2012 to correct docket 

text (jf, ). (Entered: 04/17/2012)

05/13/2012 29 Unopposed MOTION for Extension of Time to Brief Summary 

Judgment by LISA P. JACKSON, UNITED STATES 
ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 

Text of Proposed Order)(McDonough, Eileen) (Entered: 05/13/2012)

05/14/2012 30 STIPULATION re 21 Consent Decree Deadlines by LISA P. 

JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY. (McDonough, Eileen) (Entered: 05/14/2012)

05/14/2012 MINUTE ORDER granting 29 Unopposed Motion for Extension of 

Time to Brief Summary Judgment. Defendant's motion for summary 

judgment will be due 5/29/2012 with opposition to motion for summary 

judgment and cross-motion for summary judgment due 6/22/2012, with 

reply to summary judgment and opposition to cross-motion for 

summary judgment due 7/6/2012, and reply to cross-motion for 

summary judgment due 7/13/2012. Signed by Judge Amy Berman 

Jackson on 5/14/2012. (MT) (Entered: 05/14/2012)

05/14/2012 31 MOTION for Extension of Time to File Appeal by STATE OF 

ARIZONA (Attachments: # 1 Text of Proposed Order)(Skardon, James) 

(Entered: 05/14/2012)

05/15/2012 32 RESPONSE re 31 MOTION for Extension of Time to File Appeal filed 

by ENVIRONMENTAL DEFENSE FUND, GRAND CANYON 

TRUST, MONTANA ENVIRONMENTAL INFORMATION 

CENTER, NATIONAL PARKS CONSERVATION ASSOCIATION, 

OUR CHILDREN'S EARTH FOUNDATION, PLAINS JUSTICE, 

POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN 

CITIZENS ALLIANCE, SIERRA CLUB. (Baron, David) (Entered: 

05/15/2012)

05/16/2012 Set/Reset Deadlines: Summary Judgment motion due by 5/29/2012; 

Opposition andCross Motion due by 6/22/2012; Reply to the Motion for 

Summary Judgment and Opposition to the Cross Motion due by 

7/6/2012; Reply to Cross Motion due by 7/13/2012. (jth) (Entered: 

05/16/2012)

05/18/2012 33 NOTICE of Appearance by Stephanie J. Talbert on behalf of UNITED 

STATES ENVIRONMENTAL PROTECTION AGENCY (Talbert, 

Stephanie) (Main Document 33 replaced on 5/21/2012) (jf, ). (Entered: 

05/18/2012)

05/23/2012 34 Unopposed MOTION for Extension of Time to File Cross-Motions for 

Summary Judgment by LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 

Text of Proposed Order)(Talbert, Stephanie) (Entered: 05/23/2012)

05/23/2012 MINUTE ORDER granting 34 Unopposed Motion for Extension of 

Time. Defendant's motion for summary judgment will be due 

6/12/2012, with the opposition and cross-motion due 7/6/2012, the reply 

and opposition to the cross-motion will be due 7/20/2012, and the reply 

to the cross-motion will be due 7/27/2012. Signed by Judge Amy 

Berman Jackson on 5/23/2012. (MT) (Entered: 05/23/2012)
05/23/2012 Set/Reset Deadlines: Defendant's Motion for Summary Judgment will 

be due 6/12/2012; Opposition and Cross-Motion due 7/6/2012; Reply 

and Opposition to the Cross-Motion due 7/20/2012; Reply to the CrossMotion due by 7/27/2012. (jth) (Entered: 05/23/2012)

05/25/2012 35 MEMORANDUM OPINION AND ORDER denying 31 Motion for 

Extension of Time as moot in the light of the Court's ruling on the 

merits on the motion for reconsideration. Accordingly, the Court will 

lift the stay of the execution of the Consent Decree as to Arizona. But 

given the amount of time that has elapsed while the Court considered 

Arizona's opposition, the Court will grant an additional thirty days to 

file an appeal. Thus, Arizona must file any required notice of appeal on 

or before June 28, 2012. Signed by Judge Amy Berman Jackson on 

5/25/2012. (lcabj2) (Entered: 05/25/2012)

05/29/2012 36 STIPULATION To Amend Consent Decree by LISA P. JACKSON, 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. 

(Talbert, Stephanie) (Entered: 05/29/2012)

06/05/2012 37 Unopposed MOTION for Extension of Time to File Cross-Motions for 

Summary Judgment by LISA P. JACKSON (Attachments: # 1 Text of 

Proposed Order)(Talbert, Stephanie) (Entered: 06/05/2012)

06/06/2012 MINUTE ORDER granting 37 Unopposed Motion for Extension of 

Time. EPA's motion for summary judgment will be due 6/22/2012, with 

plaintiffs' opposition and cross-motion due 7/16/2012, with EPA's reply 

and cross-motion opposition due 7/30/2012, and plaintiffs' cross-motion 

reply due 8/6/2012. Signed by Judge Amy Berman Jackson on 

6/6/2012. (MT) (Entered: 06/06/2012)

06/07/2012 Set/Reset Deadlines: Defendants' Summary Judgment motion is due by 

6/22/2012; Plaintiffs' Opposition and Cross Motion due by 7/16/2012; 

Reply to Motion for Summary Judgment and Opposition to the Cross 

Motion is due by 7/30/2012; Reply to Cross Motion is due by 8/6/2012. 

(jth) (Entered: 06/07/2012)

06/08/2012 38 NOTICE of Correction to Third Stipulation to Amend Consent Decree 

by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY re 36 Stipulation (Talbert, Stephanie) 

(Entered: 06/08/2012)

06/15/2012 39 MOTION to Amend/Correct Partial Consent Decree by LISA P. 

JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY (Attachments: # 1 Text of Proposed Order)(Talbert, 

Stephanie) (Entered: 06/15/2012)

06/15/2012 MINUTE ORDER granting 39 Motion to Amend Partial Consent 

Decree. Signed by Judge Amy Berman Jackson on 6/15/2012. (MT) 

(Entered: 06/15/2012)

06/15/2012 MINUTE ORDER: The portion of the minute order granting 39 Motion 

to Amend Partial Consent Decree that relates to Arizona will be held in 
abeyance until the Court receives Arizona's opposition to the motion. 

Signed by Judge Amy Berman Jackson on 6/15/2012. (MT) (Entered: 

06/15/2012)

06/20/2012 40 Unopposed MOTION for Extension of Time to File Summary 

Judgment by LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 

Text of Proposed Order)(McDonough, Eileen) (Entered: 06/20/2012)

06/20/2012 41 Memorandum in opposition to re 39 MOTION to Amend/Correct 

Partial Consent Decree filed by STATE OF ARIZONA. (Attachments: 

# 1 Proposed Order)(Skardon, James) (Entered: 06/20/2012)

06/21/2012 MINUTE ORDER granting 40 Unopposed Motion for Extension of 

Time to File Summary Judgment. EPA's motion for summary judgment 

will be due 6/29/2012, with plaintiffs' opposition and cross-motion due 

7/23/2012, with EPA's reply and opposition to cross-motion due 

8/6/2012, and plaintiffs' reply to the cross-motion due 8/13/2012. 

Signed by Judge Amy Berman Jackson on 6/21/2012. (MT) (Entered: 

06/21/2012)

06/21/2012 Set/Reset Deadlines: EPA's motion for summary judgment due 

6/29/2012; Opposition and Cross-Motion due 7/23/2012; Reply and 

Cross-Opposition due 8/6/2012; Cross-Reply due 8/13/2012. (jth) 

(Entered: 06/21/2012)

06/27/2012 42 ENTERED IN ERROR.....NOTICE OF APPEAL TO DC CIRCUIT 

COURT as to 21 Consent Decree by STATE OF ARIZONA. Fee 

Status: No Fee Paid. Parties have been notified. (Skardon, James) 

Modified on 6/28/2012 (jf, ). (Entered: 06/27/2012)

06/27/2012 43 NOTICE OF APPEAL TO DC CIRCUIT COURT as to 21 Consent 

Decree by STATE OF ARIZONA. Filing fee $ 455, receipt number 

0090-2984867. Fee Status: Fee Paid. Parties have been notified. 

(Skardon, James) (Entered: 06/27/2012)

06/28/2012 NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 42 

Notice of Appeal to DC Circuit Court was entered in error and refiled 

by counsel. (See Docket Entry 43 to view document) (jf, ) (Entered: 

06/28/2012)

06/28/2012 44 Transmission of the Notice of Appeal, Order Appealed, and Docket 

Sheet to US Court of Appeals. The Court of Appeals fee was paid this 

date re 43 Notice of Appeal to DC Circuit Court. (jf, ) (Entered: 

06/28/2012)

06/29/2012 45 Unopposed MOTION to Stay re Order on Motion for Extension of 

Time to File, by LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 

Text of Proposed Order)(McDonough, Eileen) Modified on 6/29/2012 

(jf, ). (Entered: 06/29/2012)

06/29/2012 46 REPLY to opposition to motion re 39 MOTION to Amend/Correct 
Partial Consent Decree filed by LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY. (McDonough, Eileen) 

(Entered: 06/29/2012)

07/02/2012 MINUTE ORDER Defendant EPA has filed a motion seeking to amend 

the Partial Consent Decree in this matter. [Dkt. # 39]. In particular, EPA 

seeks to extend the deadlines for the proposed and final actions for 

certain of the regional haze State Implementation Plans ("SIPs"). 

Plaintiffs do not oppose the motion, but the Defendant-Intervenor State 

of Arizona has objected. [Dkt. # 41]. Arizona's concerns, however, do 

not require denial of the motion. Arizona's first contention is that the 

Clean Air Act does not authorize the EPA to impose a Federal 

Implementation Plan ("FIP"). This concern lacks merit because the 

Consent Decree does not require the EPA to promulgate a FIP as 

opposed to other options, such as promulgating a SIP or combination of 

a FIP and SIP. Second, Arizona argues that the extension would delay 

its right to a decision on the Section 308 Plan by August 2012, which 

they represent is the requirement under the statute. This question is not 

yet ripe because EPA has not yet missed the deadline. Finally, Arizona 

complains that the extension would allow EPA to split its decision on 

Arizona's Section 308 plan into two different phases, which would 

violate the Clean Air Act. This question is also not ripe because the 

EPA has not yet taken final action with respect to the SIP submitted by 

Arizona and may well not split its decision into two different parts. 

There will be legal avenues available to Arizona if EPA does not act in 

accordance with the law in those situations. Accordingly, the Court will 

no longer hold in abeyance its minute order granting the motion to 

amend with respect to Arizona. Signed by Judge Amy Berman Jackson 

on 7/2/2012. (lcabj2) (Entered: 07/02/2012)

07/02/2012 47 ORDER Granting 45 Unopposed Motion to Stay the Briefing Schedule 

on the Florida-related claims in this matter filed by Defendants. If 

Defendants do not lodge a consent decree with the Court by 7/20/2012, 

Plaintiffs may move to lift the stay and seek prompt commencement of 

summary judgment briefing. (PLEASE READ THE ORDER FOR 

COMPLETE DETAILS OF SUMMARY JUDGMENT BRIEFING). 

Signed by Judge Amy Berman Jackson on 7/1/2012. (jth) (Entered: 

07/02/2012)

07/05/2012 USCA Case Number 12-5211 for 43 Notice of Appeal to DC Circuit 

Court filed by STATE OF ARIZONA. (jf, ) (Entered: 07/05/2012)

07/06/2012 48 MOTION for Extension of Time to File Fee Application by 

ENVIRONMENTAL DEFENSE FUND, GRAND CANYON TRUST, 

MONTANA ENVIRONMENTAL INFORMATION CENTER, 

NATIONAL PARKS CONSERVATION ASSOCIATION, OUR 

CHILDREN'S EARTH FOUNDATION, PLAINS JUSTICE, 

POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN 

CITIZENS ALLIANCE, SIERRA CLUB (Attachments: # 1 Text of 
Proposed Order Proposed Order)(Baron, David) (Entered: 07/06/2012)

07/06/2012 MINUTE ORDER granting 48 Motion for Extension of Time to File 

Fee Application. It is ordered that paragraph 8 of the Partial Consent 

Decree entered by the Court on March 30, 2012, is amended to allow 

plaintiffs until December 15, 2012, to file their motion for litigation 

costs (including attorneys' fees). Signed by Judge Amy Berman Jackson 

on 7/6/2012. (MT) (Entered: 07/06/2012)

07/09/2012 Set/Reset Deadlines: Paragraph 8 of the Partial Consent Decree entered 

by the Court on 3/30/2012, is amended to allow plaintiffs until 

12/15/2012, to file their motion for litigation costs (including attorneys' 

fees). (jth) (Entered: 07/09/2012)

07/13/2012 49 STIPULATION re 21 Consent Decree Modifying Deadline by LISA P. 

JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY. (McDonough, Eileen) (Entered: 07/13/2012)

07/15/2012 50 Unopposed MOTION to Amend/Correct 21 Consent Decree by LISA P. 

JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY (Attachments: # 1 Text of Proposed Order)(McDonough, 

Eileen) (Entered: 07/15/2012)

07/20/2012 51 NOTICE OF LODGING OF PROPOSED PARTIAL CONSENT 

DECREE by LISA P. JACKSON, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 

proposed partial consent decree)(McDonough, Eileen) (Entered: 

07/20/2012)

08/07/2012 MINUTE ORDER granting 50 Motion to Amend/Correct Consent 

Decree. Signed by Judge Amy Berman Jackson on 8/7/2012. (lcabj2) 

(Entered: 08/07/2012)

09/14/2012 52 STIPULATION re 21 Consent Decree (Amending Deadline for 

Connecticut) by LISA P. JACKSON. (McDonough, Eileen) (Entered: 

09/14/2012)

09/28/2012 53 Unopposed MOTION to Approve Consent Judgment (Second Partial) 

by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY (Attachments: # 1 Exhibit Proposed Second 

Partial Consent Decree, # 2 Text of Proposed Order)(McDonough, 

Eileen) (Entered: 09/28/2012)

10/01/2012 54 ORDER, Upon consideration of Defendant's Motion to Enter the 

Second Partial Consent Decree, it is hereby ordered that the motion is 

GRANTED. The Second Partial Consent Decree will be signed and 

entered as an Order of this Court. Signed by Judge Amy Berman 

Jackson on 10/1/2012. (see order) (kc ) (Entered: 10/01/2012)

10/01/2012 55 SECOND PARTIAL CONSENT DECREE. Signed by Judge Amy 

Berman Jackson on 10/1/2012. (kc ) (Entered: 10/01/2012)

11/08/2012 56 STIPULATION re 21 Consent Decree (amending Minnesota and 

Michigan) by LISA P. JACKSON. (McDonough, Eileen) (Entered: 
11/08/2012)

11/08/2012 57 Unopposed MOTION to Amend/Correct 21 Consent Decree (Re 

Connecticut) by LISA P. JACKSON (Attachments: # 1 Text of 

Proposed Order)(McDonough, Eileen) (Entered: 11/08/2012)

11/09/2012 MINUTE ORDER granting 57 the Unopposed Motion to Amend 

Consent Decree (re Connecticut). It is ORDERED that Table A of the 

Consent Decree is modified to establish a deadline of January 11, 2013 

for signature of a proposed rule under Paragraph 3 for Connecticut and 

to extend the deadline for signature of a final rule under Paragraph 4 for 

Connecticut until April 26, 2013. Signed by Judge Amy Berman 

Jackson on 11/9/12. (DMK) (Entered: 11/09/2012)

11/11/2012 58 Unopposed MOTION to Amend/Correct 21 Consent Decree (Arizona) 

by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY (Attachments: # 1 Memorandum in Support, 

# 2 Text of Proposed Order)(McDonough, Eileen) (Entered: 

11/11/2012)

11/13/2012 MINUTE ORDER granting 58 the Unopposed Motion to Amend 

Consent Decree (re Arizona). It is ORDERED that by December 8, 

2012, the EPA will sign a notice of proposed rulemaking to approve or 

disapprove, in whole or in part, the remaining elements of the state 

implementation plan ("SIP") revision submitted by Arizona on February 

28, 2011 ("2011 SIP submittal"); by July 15, 2013, EPA will sign a 

notice of final rulemaking to approve or disapprove, in whole or in part, 

the remaining elements of the 2011 SIP submittal; by March 8, 2013, 

EPA will sign a notice of proposed rulemaking to promulgate a federal 

implementation ("FIP") for all remaining elements of Arizona's regional 

haze plan, including any elements of the 2011 SIP submittal that EPA 

has proposed to disapprove, to ensure that EPA's actions with respect to 

Arizona collectively meet the regional haze implementation plan 

requirements that were due by December 17, 2007 under EPA's regional 

haze regulations; and, by October 15, 2013, EPA will sign a notice of 

final rulemaking to promulgate a FIP for all remaining elements of 

Arizona's regional haze plan, including any elements of the 2011 SIP 

submittal that EPA has proposed to disapprove, to ensure that EPA's 

actions with respect to Arizona collectively meet the regional haze 

implementation plan requirements that were due by December 17, 2007 

under EPA's regional haze regulations. Signed by Judge Amy Berman 

Jackson on 11/13/2012. (lcabj2) (Entered: 11/13/2012)

11/15/2012 59 STIPULATION re 21 Consent Decree (Michigan/Minnesota) by LISA 

P. JACKSON, UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY. (McDonough, Eileen) (Entered: 

11/15/2012)

11/15/2012 60 STIPULATION re 55 Order, 54 Order, (Florida) by LISA P. 

JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 
AGENCY. (McDonough, Eileen) (Entered: 11/15/2012)

12/07/2012 61 STIPULATION re 21 Consent Decree (Tacontie Facilities) by LISA P. 

JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY. (McDonough, Eileen) (Entered: 12/07/2012)

12/11/2012 62 MOTION for Extension of Time to File Fee Application by 

ENVIRONMENTAL DEFENSE FUND, GRAND CANYON TRUST, 

MONTANA ENVIRONMENTAL INFORMATION CENTER, 

NATIONAL PARKS CONSERVATION ASSOCIATION, OUR 

CHILDREN'S EARTH FOUNDATION, PLAINS JUSTICE, 

POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN 

CITIZENS ALLIANCE, SIERRA CLUB (Attachments: # 1 Text of 

Proposed Order)(Baron, David) (Entered: 12/11/2012)

12/11/2012 MINUTE ORDER granting 62 consent Motion for Extension of Time to 

File for Fee Application. It is ORDERED that plaintiffs' motion for 

litigation costs for work in connection with the partial consent decree 

entered on March 30, 2012 is due January 29, 2013. Signed by Judge 

Amy Berman Jackson on 12/11/12. (DMK) (Entered: 12/11/2012)

12/12/2012 Set/Reset Deadlines: Plaintiffs' motion for litigation costs for work in 

connection with the partial consent decree entered on 3/30/2012 is due 

by 1/29/2013. (jth) (Entered: 12/12/2012)

01/25/2013 63 MOTION for Extension of Time to File Fee Application by 

ENVIRONMENTAL DEFENSE FUND, GRAND CANYON TRUST, 

MONTANA ENVIRONMENTAL INFORMATION CENTER, 

NATIONAL PARKS CONSERVATION ASSOCIATION, OUR 

CHILDREN'S EARTH FOUNDATION, PLAINS JUSTICE, 

POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN 

CITIZENS ALLIANCE, SIERRA CLUB (Attachments: # 1 Text of 

Proposed Order Proposed Order)(Baron, David) (Entered: 01/25/2013)

01/28/2013 MINUTE ORDER granting 63 Motion for Extension of Time to File for 

Fee Application. It is ORDERED that plaintiffs' motion for litigation 

costs for work in connection with the partial consent decrees entered in 

this case is due by April 1, 2013. Signed by Judge Amy Berman 

Jackson on 1/28/2013. (lcabj2) Modified on 1/28/2013 to reflect partial 

consent "decrees". (jth) (Entered: 01/28/2013)

01/28/2013 Set/Reset Deadlines: Plaintiffs' motion for litigation costs for work in 

connection with the partial consent decree entered in this case is due by 

4/1/2013. (jth) (Entered: 01/28/2013)

02/14/2013 64 Consent MOTION to Amend/Correct 21 Consent Decree by LISA P. 

JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY (Attachments: # 1 Text of Proposed Order)(McDonough, 

Eileen) (Entered: 02/14/2013)

02/15/2013 MINUTE ORDER granting 64 Motion to Amend the Partial Consent 

Decree filed by defendant (re Arizona). It is ORDERED that: (1) by 
July 15, 2013, EPA will sign a notice of final rulemaking to approve or 

disapprove, in whole or in part, the remaining elements of the 2011 SIP 

submittal; (2) by September 6, 2013, EPA will sign a notice of proposed 

rulemaking to promulgate a federal implementation ("FIP") for all 

remaining elements of Arizona's regional haze plan to ensure that EPA's 

actions with respect to Arizona collectively meet the regional haze 

implementation plan requirements that were due by December 17, 2007 

under EPA's regional haze regulations; and (3) by February 6, 2014, 

EPA will sign a notice of final rulemaking to promulgate a FIP for all 

remaining elements of Arizona's regional haze plan to ensure that EPA's 

actions with respect to Arizona collectively meet the regional haze 

implementation plan requirements that were due by December 17, 2007 

under EPA's regional haze regulations. Signed by Judge Amy Berman 

Jackson on 2/15/2013. (lcabj2) (Entered: 02/15/2013)

03/27/2013 65 MOTION for Extension of Time to File Fee Application by 

ENVIRONMENTAL DEFENSE FUND, GRAND CANYON TRUST, 

MONTANA ENVIRONMENTAL INFORMATION CENTER, 

NATIONAL PARKS CONSERVATION ASSOCIATION, OUR 

CHILDREN'S EARTH FOUNDATION, PLAINS JUSTICE, 

POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN 

CITIZENS ALLIANCE, SIERRA CLUB (Attachments: # 1 Text of 

Proposed Order)(Baron, David) (Entered: 03/27/2013)

03/28/2013 MINUTE ORDER granting 65 Motion for Extension of Time to File. It 

is ORDERED that plaintiffs shall have until May 15, 2013, to file their 

motion for litigation costs (including attorneys' fees) for work in 

connection with the Partial Consent Decrees previously entered by the 

Court in this case. Signed by Judge Amy Berman Jackson on 3/28/2013. 

(lcabj2) (Entered: 03/28/2013)

03/29/2013 Set/Reset Deadlines: Plaintiffs motion for litigation costs (including 

attorneys' fees) for work in connection with the Partial Consent Decrees 

in this case is due by 5/15/2013. (jth) (Entered: 03/29/2013)

05/06/2013 66 NOTICE of Substitution of Defendant by LISA P. JACKSON, 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

(McDonough, Eileen) (Entered: 05/06/2013)

05/06/2013 67 Unopposed MOTION to Amend/Correct 21 Consent Decree (Texas) by 

LISA P. JACKSON, UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY (Attachments: # 1 Text of Proposed 

Order)(McDonough, Eileen) (Entered: 05/06/2013)

05/07/2013 68 ORDER Granting 67 the Unopposed Motion to Amend the Partial 

Consent Decree entered March 30, 2012. The "Proposed Promulgation 

Deadline" for Texas in Table A of the Partial Consent Decree is 

extended to 5/15/2014, and the "Final Promulgation Deadline" for 

Texas in Table A is extended to 12/13/2014. Signed by Judge Amy 

Berman Jackson on 5/6/2013. (jth) (Entered: 05/07/2013)
05/15/2013 69 Joint MOTION for Extension of Time to File Fee Application by 

ENVIRONMENTAL DEFENSE FUND, GRAND CANYON TRUST, 

MONTANA ENVIRONMENTAL INFORMATION CENTER, 

NATIONAL PARKS CONSERVATION ASSOCIATION, OUR 

CHILDREN'S EARTH FOUNDATION, PLAINS JUSTICE, 

POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN 

CITIZENS ALLIANCE, SIERRA CLUB (Attachments: # 1 Text of 

Proposed Order Proposed Order)(Baron, David) (Entered: 05/15/2013)

05/15/2013 MINUTE ORDER granting 69 Motion for Extension of Time. It is 

ORDERED that plaintiffs' motion for an award of costs of litigation, 

including attorneys fees, incurred in this matter through May 15, 2013, 

is due by September 15, 2013. Signed by Judge Amy Berman Jackson 

on 5/15/2013. (lcabj2) (Entered: 05/15/2013)

05/17/2013 Set/Reset Deadlines: Plaintiffs' motion for an award of costs of

litigation, including attorneys fees, incurred in this matter through May 

15, 2013, is due by 9/15/2013. (jth) (Entered: 05/17/2013)

05/24/2013 70 Unopposed MOTION to Amend/Correct 21 Consent Decree by 

ROBERT PERCIASEPE, UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order, # 

2 Exhibit)(McDonough, Eileen) (Entered: 05/24/2013)

05/29/2013 71 ORDER granting 70 the Unopposed Motion to Amend the Partial 

Consent Decree entered March 30, 2012. The "Proposed Promulgation 

Deadline" for Oklahoma in Table A of the Partial Consent Decree is 

extended to 5/15/2014, and the "Final Promulgation Deadline" for 

Oklahoma in Table A is extended to 12/13/2014. Signed by Judge Amy 

Berman Jackson on 05/29/2013. (jth) (Entered: 05/29/2013)

07/11/2013 72 Unopposed MOTION to Amend/Correct 21 Consent Decree 

(Washington) by ROBERT PERCIASEPE, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 

Text of Proposed Order)(McDonough, Eileen) (Entered: 07/11/2013)

07/11/2013 73 STIPULATION re 55 Order Second Partial Consent Decree (Florida) 

by ROBERT PERCIASEPE, UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY. (McDonough, Eileen) (Entered: 

07/11/2013)

07/12/2013 74 ERRATA by ROBERT PERCIASEPE 72 Unopposed MOTION to 

Amend/Correct 21 Consent Decree (Washington) filed by ROBERT 

PERCIASEPE, UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order 

Correced Order for ECF No. 72)(McDonough, Eileen) (Entered: 

07/12/2013)

07/15/2013 75 ORDER granting 72 the Unopposed Motion to Amend the Partial 

Consent Decree entered March 30, 2012 (as amended). The "Final 

Promulgation Deadline" for "all remaining RH SIP elements" for 

Washington in Table A is extended to 4/30/2014 unless (1) EPA fails to 
sign, by 11/15/2013, a notice of re-proposed rulemaking for all 

remaining regional haze SIP elements for Washington; or (2) EPA fails 

to follow procedures identical to those in paragraph 9 of the consent 

decree regarding submission of such signed notice for publication in the 

Federal Register. If either of the failures identified in the preceding 

sentence should occur, the deadline for EPA to sign the notice of final 

rulemaking for all remaining regional haze SIP elements for 

Washington shall be 12/3/2013. Signed by Judge Amy Berman Jackson 

on 7/12/2013. (jth) (Entered: 07/15/2013)

08/29/2013 76 NOTICE Of Substitution of Defendant by ROBERT PERCIASEPE 

(McDonough, Eileen) (Entered: 08/29/2013)

09/05/2013 77 Unopposed MOTION to Amend/Correct 21 Consent Decree (Arizona) 

by GINA MCCARTHY, UNITED STATES ENVIRONMENTAL 

PROTECTION AGENCY (Attachments: # 1 Text of Proposed 

Order)(McDonough, Eileen) (Entered: 09/05/2013)

09/06/2013 78 ORDER Granting 77 the Unopposed Motion to Amend the Partial 

Consent Decree. [SEE THE ORDER FOR COMPLETE DETAILS]. 

Signed by Judge Amy Berman Jackson on 9/6/2013. (jth) (Entered: 

09/06/2013)

09/13/2013 79 NOTICE of Payment Satisfying Fee Settlement by 

ENVIRONMENTAL DEFENSE FUND, GRAND CANYON TRUST, 

MONTANA ENVIRONMENTAL INFORMATION CENTER, 

NATIONAL PARKS CONSERVATION ASSOCIATION, OUR 

CHILDREN'S EARTH FOUNDATION, PLAINS JUSTICE, 

POWDER RIVER BASIN RESOURCE COUNCIL, SAN JUAN 

CITIZENS ALLIANCE, SIERRA CLUB (Baron, David) (Entered: 

09/13/2013)

11/14/2013 80 STIPULATION re 21 Consent Decree Re Deadlines for Arizona and 

Washington by GINA MCCARTHY, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY. (McDonough, Eileen) 

(Entered: 11/14/2013)