United States District Court, W.D. Washington, Seattle
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
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
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.
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.
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.
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. §
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.
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.
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.
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.
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.
the Parties enter this Stipulation without any admission of
fact or law.
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 ...