Opinion
ROBERT UKEILEY (Admitted Pro Hac Vice), Law Office of Robert Ukeiley, Berea, KY, Attorneys for Plaintiff,
SAM HIRSCH, Acting Assistant Attorney General, Environment & Natural Resources Division, United States Department of Justice, LESLIE M. HILL, Environmental Defense Section, Washington D.C., Attorneys for Defendant.
JOINT REQUEST TO CONTINUE DISPOSITIVE MOTION HEARING AND [PROPOSED] ORDER Location: Courtroom 1
SAUNDRA BROWN ARMSTRONG, District Judge.
Pursuant to Civil L.R. 6-2, Plaintiff Center for Biological Diversity and Defendant Gina McCarthy in her official capacity as the Administrator of the United States Environmental Protection Agency ("EPA") hereby request an order continuing the dispositive motion hearing deadline set for July 29, 2014 (Dkt. No. 24) to November 4, 2014.
The parties have reached a tentative agreement on the key terms of a proposed settlement that would fully resolve the claims currently in this case without further litigation and have memorialized that agreement in a draft proposed Consent Decree that is almost complete. 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 and approval by the appropriate officials of the U.S. Environmental Protection Agency ("EPA") and the U.S. Department of Justice as well as compliance with 42 U.S.C. § 7413(g). Approval of the settlement on behalf of Plaintiff requires review and approval by various decision makers in the Center for Biological Diversity.
Upon approval of the parties, Defendant 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, will promptly consider any written comments received. Id . If the federal government elects not to withdraw or withhold consent to the proposed Consent Decree, Defendant will promptly file a motion requesting that the Court enter the Consent Decree as to the claims currently in the case.
Plaintiff has also moved to add a third claim to this case. (Dkt. No. 27). The Court has yet to rule on Plaintiff's motion so the parties do not yet know the scope of dispositive motions.
Accordingly, the parties stipulate to and request that the Court continue the dispositive motion hearing deadline set for July 29, 2014 (Dkt. No. 24) to November 4, 2014 in light of the tentative agreement as to the existing claims and the uncertainty over the additional claim.
[PROPOSED] ORDER
Pursuant to Stipulation, IT IS SO ORDERED, and the deadline for dispositive motions hear is hereby reset to November 4, 2014, at 1:00 pm in Courtroom 1.