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Sierra Club v. Johnson

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


September 4, 2009

SIERRA CLUB, ET AL., PLAINTIFFS,
v.
STEPHEN JOHNSON, ET AL., DEFENDANTS, AND SUPERFUND SETTLEMENTS PROJECT, ET AL., DEFENDANT-INTERVENORS.

The opinion of the court was delivered by: The Honorable William H. Alsup United States District Court Judge

STIPULATION TO EXTEND DEADLINE FOR FILING MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS; [PROPOSED] ORDER

AN AWARD OF ATTORNEYS' FEES AND COSTS; 705 Second Ave., Suite 203 [PROPOSED] ORDER (Case No. 3:08-cv-01409-WHA) 1 Seattle, WA 98104 (206) 343-7340 ("EPA") and United States Department of Transportation ("DOT") hereby agree and stipulate to extend the deadline for filing a motion for an award of attorneys' fees and costs in this matter as follows:

part Plaintiffs' motion for summary judgment, and ordered EPA to publish a notice of classes of facilities for which financial assurance requirements will be first developed under CERCLA Plaintiffs Sierra Club, Great Basin Resource Watch, Amigos Bravos, and Idaho Conservation League and Federal Defendants United States Environmental Protection Agency

1. On February 25, 2009, this Court issued an order granting in part and denying in Section 108(b), 42 U.S.C. § 9608(b). On July 28, 2009, EPA published in the Federal Register a notice identifying classes of facilities within the hardrock mining industry for which EPA will first develop financial responsibility requirements under CERCLA Section 108(b). 74 Fed. Reg. 37213 (July 28, 2009). On August 5, 2009, the Court granted the Federal Defendants' motion for summary judgment on the remaining issue of EPA's duty to promulgate and impose financial assurance requirements under CERCLA Section 108(b), and dismissed the case.

9659(f), they are entitled to an award of attorneys' fees and other costs from the Federal Defendants in this case. Federal Defendants are still evaluating the Court's orders and retain their right to dispute both (1) Plaintiffs' entitlement to an award of reasonable attorneys' fees and costs and (2) the reasonable amount of such attorneys' fees and costs, if such an award were appropriate. Federal Defendants also enter this stipulation without waiving their right to pursue any appeals.

for the parties to attempt to negotiate Plaintiffs' claim for fees and costs first, before seeking resolution from the Court.

that any motion for attorneys' fees and costs will be filed within 14 days of entry of judgment,

2. Plaintiffs maintain that, as a result of the Court's February 25, 2009 order and EPA's subsequent actions, and pursuant to CERCLA's citizen suit provision, 42 U.S.C. § 17

3. Nonetheless, Plaintiffs and the Federal Defendants believe that it is appropriate

4. The Federal Rules of Civil Procedure and the Local Rules of this Court provide unless extended by motion or stipulation. See L.R. 54-6; 6-2. In the commentary accompanying Local Rule 54-6, counsel are advised to seek an extension to this deadline "as expeditiously as possible."

5. Plaintiffs and the Federal Defendants, accordingly, agree that the deadline for filing any motion for attorneys' fees and costs should be extended from 14 days to 90 days from entry of judgment in order to facilitate the discussion of a negotiated agreement.

an award of fees on the grounds that Plaintiffs' fee application is not timely under CERCLA, the local rules of this Court, or any other requirement.

counsel, hereby stipulate that any motion for an award of attorneys' fees and costs in this matter 45

6. The Federal Defendants agree and stipulate that they will not oppose a motion for

NOW THEREFORE, Plaintiffs and Federal Defendants, by and through their undersigned must be served and filed within 90 days of entry of judgment.

PURSUANT TO THE STIPULATION AS MODIFIED, IT IS SO ORDERED. PURSUANT TO STIPULATION, IT IS SO ORDERED.

20090904

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