Earth Island Institute, Inc. v. Southern California Edison

ORDER GRANTING JOINT MOTION TO AMEND CONSENT DECREE [247-1]

I. INTRODUCTION

On June 7, 2001, Plaintiffs Earth Island Institute (“Earth Island”), Donald May and David Jeffries (collectively “Plaintiffs”), together with Defendant Southern California Edison Company (“SCE”), filed a joint motion to amend the existing Consent Decree in this matter, wherein the parties requested that the Court replace the existing Section III.A. of the Consent Decree with a new Section III.A. The parties contend their revised Section III.A. is designed to accomplish effective wetlands restoration in the Southern California area as contemplated by the original Consent Decree.

On July 5, 2001, at 3:30 p.m., the Court heard oral argument on the parties’ joint motion. This Court has reviewed all of the documents submitted in support of this motion and attached exhibits and hereby GRANTS the joint motion to amend the Consent Decree.

II. BACKGROUND

Originally filed in 1990, this case arose out of Defendant SCE’s operation of the San Onofre Nuclear Generating Station (“SONGS”). Alleging nuisance and violations of the Federal Water Pollution Control Act (“Clean Water Act”), 33 U.S.C. §§ 1251 et seq. (West…