Free Motion for Miscellaneous Relief - District Court of California - California

Case 4:07-cv-05067-SBA

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Filed 12/13/2007

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RONALD J. TENPAS Acting Assistant Attorney General Environment and Natural Resources Division U.S. Department of Justice ELLEN MAHAN Deputy Chief Environmental Enforcement Section ANN C. HURLEY, DC Bar No. 375676 Trial Attorney Environmental Enforcement Section U.S. Department of Justice 301 Howard Street, Suite 1050 San Francisco, CA 94105 Tel: (415) 744-6480 Fax: (415) 744-6476 E-mail: [email protected] Attorneys for Plaintiff United States of America (Additional Attorneys on Next Page)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, the PEOPLE OF THE STATE OF CALIFORNIA, ex rel. CALIFORNIA AIR RESOURCES BOARD, and NORTH COAST UNIFIED AIR QUALITY MANAGEMENT DISTRICT,

) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) EVERGREEN PULP, INC., ) ) Defendant. ) ____________________________________)

No. C 07-05067 SBA PLAINTIFFS' REQUEST TO ENTER CONSENT DECREE

U.S. et al. v. Evergreen Pulp Inc. No. C 07-05067 SBA

Plaintiffs' Request to Enter

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1 2 3 4 5 6 7 Attorneys for Plaintiff California Air Resources Board 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
U.S. et al. v. Evergreen Pulp Inc. No. C 07-05067 SBA

EDWIN G. BROWN JR. Attorney General of the State of California MARY HACKENBRACHT, Assistant Attorney General JOHN DAVIDSON, Supervising Attorney General ANITA E. RUUD, Deputy Attorney General CA Bar No. 072483 Office of the California Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102 Tel: (415) 703-5533 Fax: (415) 703-5480 E-mail: [email protected]

NANCY DIAMOND CA Bar No. 130963 Law Offices of Nancy Diamond 822 G Street, Suite 3 Arcata, CA 95521 Tel: (707) 826-8540 Fax: (707) 826-8541 E-mail: [email protected] Attorney for Plaintiff North Coast Unified Air Quality Management District

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Plaintiffs' Request to Enter

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The United States of America, on behalf of the United States Environmental Protection Agency ("EPA"), the California Air Resources Board ("ARB") and the North Coast Unified Air Quality Management District ("North Coast" or "District") (collectively, the "Plaintiffs") respectfully request that the Court enter the Consent Decree lodged on October 2, 2007. The Consent Decree resolves claims in the Complaint in this action filed pursuant to Section 113 of the Clean Air Act (the "CAA"), 42 U.S.C. § 7413, California Health and Safety Code § 42403, and North Coast Unified Air Quality Management District Rule 105 alleging that Defendant Evergreen Pulp, Inc. violated the CAA, California state law and District regulations at its kraft pulp mill in Samoa, Humboldt County, California. Notice of the lodging of the Consent Decree was published in the Federal Register on October 12, 2007, announcing a 30-day public comment period. 72 Fed. Reg. 58125 (October 12, 2007). The Plaintiffs received two sets of comments. Plaintiffs have carefully considered the comments received on the Consent Decree. None of the comments raised issues that would cause the Plaintiffs to withdraw their consent to the Consent Decree. Plaintiffs continue to regard the Consent Decree as fair, reasonable, and in the public interest. Pursuant to Paragraph 72 of the proposed Consent Decree, Defendant Evergreen Pulp, Inc. consented to entry of the Consent Decree without further notice. Therefore, for the reasons set forth herein and in the accompanying memorandum, Plaintiffs respectfully request that this Court approve, sign, and enter the Consent Decree.

Respectfully submitted,

For the United States of America:

/s/ Ann C. Hurley ANN C. HURLEY Trial Attorney Environmental Enforcement Section United States Department of Justice

U.S. et al. v. Evergreen Pulp Inc. No. C 07-05067 SBA

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OF COUNSEL: Kara Christenson Senior Counsel U.S. Environmental Protection Agency, Region 9 75 Hawthorne Street San Francisco, CA 94105

For Plaintiff California Air Resources Board

/s/ Anita E. Ruud ANITA E. RUUD Deputy Attorney General California Office of the Attorney General For Plaintiff North Coast Unified Air Quality Management District

/s/ Nancy Diamond NANCY DIAMOND Law Offices of Nancy Diamond

Attestation Regarding Signature: This document is being filed electronically under my 18 User ID and Password. Pursuant to General Order 45, Section X.B, I hereby attest that 19 concurrence in this filing of this document has been obtained from each of the other signatories 20 to this document. 21 22 23 24 25 26 27 28
U.S. et al. v. Evergreen Pulp Inc. No. C 07-05067 SBA

/s/ Ann C. Hurley Ann C. Hurley

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Plaintiffs' Request to Enter