Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Northwest Environmental Advocates v. United States Environmental Protection Agency

United States District Court, W.D. Washington, Seattle

August 5, 2019

NORTHWEST ENVIRONMENTA ADVOCATES, Plaintiff,
v.
UNITED STATES ENVIRONMENTAL PROTECTIO AGENCY, Defendant, and NORTHWEST PULP & PAPER ASS'N, et al., Defendant-Intervenors

          ALLISON LAPLANTE, (ADMITTED PRO HAC VICE) KEVIN CASSIDY, (ADMITTED PRO HAC VICE) EARTHRISE LAW CENTER DAVID A. BRICKLIN, BRYAN TELEGIN, BRICKLIN & NEWMAN, LLP ATTORNEYS FOR PLAINTIFF NWEA

          JOHN H. MARTIN U.S. DEPARTMENT OF JUSTICE ENVIRONMENT & NATURAL RESOURCES DIVISION WILDLIFE & MARINE RESOURCES SECTION ATTORNEY FOR DEFENDANT EPA

          STIPULATION ON ATTORNEYS' FEES AND COSTS AND ORDER

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.

         Plaintiff Northwest Environmental Advocates (“NWEA”) and Defendant United States Environmental Protection Agency (“EPA”) (referred to collectively as the “Parties”) enter into the following Stipulated Fee Settlement Agreement (“Stipulation”) and state as follows.

         WHEREAS, on February 10, 2014, NWEA filed a five-count Complaint and on September 1, 2015, filed a superseding four-count First Amended Complaint. Dkt. Nos. 1, 54.

         WHEREAS, in both Complaints, Count One alleged that EPA failed to insure against jeopardy for certain Washington water quality standards on which EPA took action but never initiated consultation under section 7(a)(2) of the Endangered Species Act (“ESA”), 16 U.S.C. § 1536(a)(2), Count Two alleged that EPA failed to reinitiate consultation under section 7(a)(2) of the ESA for other specified Washington water quality standards, and Counts Three and Four alleged violations of the Clean Water Act, 33 U.S.C. § 1313(c) and the Administrative Procedure Act, 5 U.S.C. § 706(2)(A).

         WHEREAS, the District Court has entered a Stipulated Order of Dismissal dismissing with prejudice Counts One and Two of the First Amended Complaint and certain portions of Counts Three and Four and otherwise retaining jurisdiction to oversee the Parties' compliance with the terms of the Stipulated Dismissal. Dkt. No. 96.

         WHEREAS, the District Court has granted a stay pending EPA's voluntary reconsideration of certain portions of the Counts Three and Four in the First Amended Complaint, Dkt. No. 95, or not otherwise dismissed in the Court's July 2, 2015 Order, Dkt. No. 51.

         WHEREAS, NWEA has submitted a claim for attorneys' fees and costs to EPA relating to Counts One and Two and the portions of Counts Three and Four resolved by the Stipulated Dismissal.

         WHEREAS, the Parties agree that it is in the interest of the Parties and judicial economy to settle NWEA's claim for attorneys' fees and costs related to Counts One and Two and the portions of Counts Three and Four resolved by the Stipulated Dismissal without protracted litigation.

         WHEREAS, the Parties, without any admission or final adjudication of the issues of fact or law with respect to NWEA's claim for attorneys' fees and costs, have reached a settlement that they consider to be a lawful resolution of this claim.

         WHEREAS, the Parties enter this Stipulation without any admission of fact or law.

         WHEREAS, the Parties have conferred with Defendant-Intervenors who have authorized the Parties to state that Defendant-Intervenor State of Washington does not oppose the Stipulation and remaining ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.