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CLUB v. JACKSON, 3:12-cv-4078-SI. (2012)

Court: District Court, N.D. California Number: infdco20121119678 Visitors: 14
Filed: Nov. 14, 2012
Latest Update: Nov. 14, 2012
Summary: JOINT STIPULATION EXTENDING TIME FOR DEFENDANTS TO FILE ANSWER AND TAKING INITIAL CASE MANAGEMENT CONFERENCE OFF-CALENDAR AND [ PROPOSED]O RDER SUSAN ILLSTON, District Judge. The parties have reached a tentative agreement on the key terms of a proposed settlement that would fully resolve this case without further litigation and are currently working to memorialize that agreement in a proposed Consent Decree. Undersigned counsel will then submit the proposed Consent Decree to their respecti
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JOINT STIPULATION EXTENDING TIME FOR DEFENDANTS TO FILE ANSWER AND TAKING INITIAL CASE MANAGEMENT CONFERENCE OFF-CALENDAR AND [PROPOSED]ORDER

SUSAN ILLSTON, District Judge.

The parties have reached a tentative agreement on the key terms of a proposed settlement that would fully resolve this case without further litigation and are currently working to memorialize that agreement in a proposed Consent Decree. Undersigned counsel will then submit the proposed Consent Decree to their respective parties for final approval. Approval of the settlement on behalf of Defendant requires review by the appropriate officials of the U.S. Environmental Protection Agency ("EPA") and the U.S. Department of Justice as well as compliance with 40 U.S.C. § 7413(g). Approval of the settlement on behalf of Plaintiff requires review and approval by the Sierra Club's National Litigation Committee.

Upon approval of the parties, Defendant Lisa Jackson, Administrator of the EPA, will lodge a proposed consent decree with the Court. The proposed consent decree should not be signed or entered by the Court at that time. Pursuant to section 113(g) of the Clean Air Act, 42 U.S.C. § 7413(g), the consent decree is not final and cannot be entered by the Court until the EPA Administrator provides "a reasonable opportunity by notice in the Federal Register to persons who are not named as parties or intervenors to the action" to comment in writing upon the proposed decree. After a reasonable public comment period, the EPA Administrator and the Attorney General, as appropriate, must promptly consider any written comments received. Id. If the federal government elects not to withdraw or withhold consent to the proposed consent decree, EPA will promptly file a motion requesting that the Court enter the consent decree.

Accordingly, the parties stipulate to and request that the Court take the Initial Case Management Conference set for December 14, 2012 (Dkt. No. 19) off-calendar in light of the tentative agreement. The parties also stipulate and agree that Defendant's time to answer Plaintiff's Complaint for Declaratory and Injunctive Relief (Dkt. No. 1) is extended to and including January 15, 2013.

[PROPOSED] ORDER

Pursuant to Stipulation, IT IS SO ORDERED.

Source:  Leagle

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