Center for Biological Diversity v. Rehrig Pacific Company, CV 18-08721-AB (RAOx). (2020)
Court: District Court, C.D. California
Number: infdco20200213b78
Visitors: 6
Filed: Feb. 11, 2020
Latest Update: Feb. 11, 2020
Summary: ORDER DISMISSING CIVIL ACTION ANDR BIROTTE, JR. , District Judge . THE COURT having been advised by counsel that the above-entitled action has been settled; that the Parties have reached a [Proposed] Consent Decree resolving all claims in this action; and that the Parties' Settlement is contingent upon the federal agencies' 45-day review period required by the Federal Water Pollution Control Act, 33 U.S.C. 1365(c)(3); 1 IT IS THEREFORE ORDERED that this action is hereby dismissed with
Summary: ORDER DISMISSING CIVIL ACTION ANDR BIROTTE, JR. , District Judge . THE COURT having been advised by counsel that the above-entitled action has been settled; that the Parties have reached a [Proposed] Consent Decree resolving all claims in this action; and that the Parties' Settlement is contingent upon the federal agencies' 45-day review period required by the Federal Water Pollution Control Act, 33 U.S.C. 1365(c)(3); 1 IT IS THEREFORE ORDERED that this action is hereby dismissed witho..
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ORDER DISMISSING CIVIL ACTION
ANDRÉ BIROTTE, JR., District Judge.
THE COURT having been advised by counsel that the above-entitled action has been settled; that the Parties have reached a [Proposed] Consent Decree resolving all claims in this action; and that the Parties' Settlement is contingent upon the federal agencies' 45-day review period required by the Federal Water Pollution Control Act, 33 U.S.C. § 1365(c)(3);1
IT IS THEREFORE ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cause shown by April 3, 2020, following the receipt of the [Proposed] Consent Decree by the U.S. Department of Justice and the national and Region IX offices of the U.S. Environmental Protection Agency. See 40 C.F.R. § 135.5(b) (requiring the Parties to provide notice to the Court of the 45-day agency review period under 33 U.S.C. § 1365(c)).2 On or before April 3, 2020, the Parties are hereby ORDERED to file either (1) a Request to Enter the [Proposed] Consent Decree or (2) a notice that the agencies objected to the [Proposed] Consent Decree, along with a Joint Stipulation regarding the additional time the Parties require to meet and confer in an attempt to resolve the agencies' concerns.
This Court may re-open the action if settlement is not consummated and retains full jurisdiction over this action and this Order shall not prejudice any party to this action.
FootNotes
1. Title 33 of the United States Code, Section 1365(c)(3) provides that "[n]o consent judgment shall be entered in an action in which the United States is not a party prior to 45 days following the receipt of a copy of the proposed consent judgment by the Attorney General and the Administrator."
2. The Parties informed the Court that the regulatory agencies' review period will end by approximately April 1, 2020.
Source: Leagle
