23 Joint Motion for Entry of Consent Decree

Case 4:17-cv-00660 Document 23 Filed in TXSD on 07/26/18 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS

____________________________________

ENVIRONMENT AMERICA, INC. d/b/a ENVIRONMENT TEXAS and SIERRA CLUB,

Plaintiffs, Civil Action No. 4:17-cv-00660

PASADENA REFINING SYSTEM, INC.,

Defendant. ___________________________________

JOINT MOTION FOR ENTRY OF CONSENT DECREE

The parties jointly move this Court to enter, after a statutorily mandated 45-day waiting

period, the attached consent decree to fully settle this case. The parties represent that the

settlement terms are fair, adequate, reasonable, and consistent with the purposes of the federal

Clean Air Act ("CAA").

Pursuant to the Clean Air Act, 42 U.S.C. § 7604(c)(3), a copy of the attached consent

decree is being sent to the U.S. Attorney General and the U.S. Environmental Protection Agency.

Under that section of the CAA, the federal government has 45 days from receipt of the proposed

consent decree to submit to the Court any comments it has on the decree. The parties will notify

the Court of the dates upon which the Attorney General and the EPA received copies of the

consent decree, and of the expiration of the 45-day waiting period.

Case 4:17-cv-00660 Document 23 Filed in TXSD on 07/26/18 Page 2 of 2

Dated: July 26, 2018 Plaintiffs, by their Attorneys:

/s/ Philip H. Hilder Philip H. Hilder Hilder & Associates, P.C. 819 Lovett Houston, Texas 77006 (713) 655-9111 (phone) (713) 655-9112 (fax)

Joshua R. Kratka National Environmental Law Center 294 Washington Street, Suite 500 Boston, Massachusetts 02108 (617) 747-4333 (phone) (617) 292-8057 (fax)

David A. Nicholas 20 Whitney Road Newton, Massachusetts 02460 (617) 964-1548 (phone) (617) 663-6233 (fax)

Defendant, by their Attorneys:

Tynan Buthod Matthew L. Kuryla Mark Hamlin Baker Botts L.L.P. 910 Louisiana Houston, Texas 77002 (713) 229-1912 (phone) (713) 229-2712 (fax)

CERTIFICATE OF SERVICE

On July 26, 2018, a true and correct copy of the foregoing was served through the Court’s ECF system and in compliance with the Federal Rules of Civil Procedure on all counsel of record.

/s/ Philip H. Hilder Philip H. Hilder