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Association of Irritated Residents v. United States Environmental Protection Agency

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


April 1, 2010

ASSOCIATION OF IRRITATED RESIDENTS, ET AL., PLAINTIFFS,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Samuel Conti United States District Court

STIPULATION TO DISMISS WITH PREJUDICE AND [PROPOSED] ORDER THEREON 19

Pursuant to Paragraph of the Consent Decree entered by the Court on September 12, 2008 in the above-captioned matter (Dkt. 21) and Federal Rule of Civil Procedure 41(a)(1), the 3 parties to this action, Plaintiffs Association of Irritated Residents and the Natural Resources Defense Council, Inc. and Defendants the United States Environmental Protection Agency et al.

("EPA" or "Agency"), hereby stipulate and agree, through their undersigned counsel, that this action shall be dismissed with prejudice.

Paragraph 5 of the Consent Decree provides that the parties will jointly request the Court to dismiss this action with prejudice when the actions in Paragraphs 1 and 2 of the Consent Decree, taken pursuant to section 110(k) of the Clean Air Act, 42 U.S.C. § 7410(k), have been 10 completed.

EPA has fulfilled the obligations set forth in Paragraph 1 of the Consent Decree, which required EPA to sign for publication in the Federal Register no later than October 15, 2008 notices of the Agency's proposed actions on the 2003 State SIP, the 2004 San Joaquin Valley SIP, and the 2003 South Coast SIP, and to deliver the notices to the Office of the Federal Register for publication. See Approval and Promulgation of Implementation Plans: 1-Hour Ozone Extreme Area Plan for San Joaquin Valley, CA, 73 Fed. Reg. 61,381 (Oct. 16, 2008); Approval and Promulgation of Implementation Plans; State of California; 2003 State Strategy and 2003 South Coast Plan for One-Hour Ozone and Nitrogen Dioxide, 73 Fed. Reg. 63,408 (Oct. 24, 2008). 20

EPA has also fulfilled the obligations set forth in Paragraph 2 of the Consent Decree, as amended on January 15, 2009 (Dkt. 28) and August 10, 2009 (Dkt. 31), which required EPA to:

(1) sign for publication in the Federal Register by January 15, 2009 a notice of the Agency's final action on the 2003 South Coast SIP and related portions of the 2003 State SIP; (2) sign for publication in the Federal Register by December 11, 2009 a notice of the Agency's final action on the 2004 San Joaquin Valley SIP and related portions of the 2003 State SIP; and (3) deliver the notices to the Office of the Federal Register for publication. See Approval and Promulgation of Implementation Plans: 1-Hour Ozone Extreme Area Plan for San Joaquin Valley, CA, 75 Fed. Reg. 10,420 (Mar. 8, 2010); Approval and Promulgation of Implementation Plans; State of California; 2003 State Strategy and 2003 South Coast Plan for One-Hour Ozone and Nitrogen Dioxide, 74 Fed. Reg. 10,176 (Mar. 10, 2009).

Accordingly, the terms of Paragraph 5 of the Consent Decree have been satisfied, and dismissal of this action with prejudice is appropriate.

Respectfully submitted,

FOR THE DEFENDANTS: IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division

Dated: April 1, 2010

ROCHELLE L. RUSSELL United States Department of Justice Environmental Defense Section 301 Howard Street, Suite 1050 San Francisco, CA 94105 (415) 744-6566 rochelle.russell@usdoj.gov

FOR THE PLAINTIFFS:

Dated: April 1, 2010

BRENT NEWELL Center on Race, Poverty & the Environment 47 Kearney Street, Suite 804 San Francisco, CA 94108 (415) 346-4179 bnewell@crpe-ej.org Attorney for Association of Irritated Residents

Dated: April 1, 2010

ADRIANO MARTINEZ Natural Resources Defense Council, Inc. 1314 Second Street Santa Monica, CA 90401 (310) 434-2300 amartinez@nrdc.org Attorney for Natural Resources Defense Council

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20100401

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