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Riverkeeper v. United States Environmental Protection Agency

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 9, 2008

KLAMATH RIVERKEEPER, A PROJECT OF THE KLAMATH FOREST ALLIANCE, A NON PROFIT PUBLIC BENEFIT CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF CALIFORNIA, PLAINTIFF,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, STEPHEN L. JOHNSON, AS ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AND WAYNE NASTRI, AS REGIONAL ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION 9, DEFENDANTS.

The opinion of the court was delivered by: Honorable William H. Alsup

NOTICE OF SETTLEMENT, STIPULATED REQUEST FOR DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER

Fed. R. Civ. P. 41(a)(1)(A)(ii)

PLEASE TAKE NOTICE that Klamath Riverkeeper and the United States Environmental Protection Agency ("EPA") (collectively referred to as the "Parties") have settled the above--captioned action and for the reasons below stipulate to the dismissal of this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).

WHEREAS Klamath Riverkeeper filed a complaint, Klamath Riverkeeper v. United States Environmental Protection Agency, Case No. C 07-3908 WHA (N.D. Cal.), on July 30, 2007, challenging EPA's June 28, 2007 approval of the State of California's decision not to list the Klamath River and its reaches that include the Iron Gate and Copco Dam reservoirs as impaired due to Microcystis aeruginosa and microcystin toxin in the 2006 Clean Water Act Section 303(d) List of Water Quality Limited Segments for California ("2006 303(d) List");

WHEREAS on January 22, 2008, the Court entered the Parties' proposed stipulated order to remand the challenged microcystin toxin listing decision to EPA for reconsideration;

WHEREAS on March 13, 2008, EPA withdrew its prior approval of, and disapproved, the State of California's decision not to include the "Klamath River HU, Middle HA, Oregon to Iron Gate" segment of the Klamath River, which includes the Copco and Iron Gate Dam reservoirs, on the State's 2006 303(d) List as impaired due to elevated concentrations of microcystin toxin, and specifically identified for inclusion on the State's 2006 303(d) List "microcystin toxins" as an additional cause of impairment for the "Klamath River HU, Middle HA, Oregon to Iron Gate" segment;

WHEREAS on May 29, 2008, EPA, in light of public comments received, determined to revise only the description of the segment of the Klamath River which EPA had identified in its March 13, 2008 decision as impaired due to microcystin toxin, and transmitted this listing decision to the State;

WHEREAS, in light of EPA's March 13, 2008 and May 29, 2008 decisions, the Parties agreed to settle all claims alleged in the complaint against EPA by Klamath Riverkeeper as set forth in the Settlement Agreement, attached hereto as Exhibit A;

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties through their counsel that this action be and hereby is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). The Parties shall abide by the Settlement Agreement.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20080709

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