Case 4:18-cv-03368 Document 2 Filed in TXSD on 09/20/18 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
STATE OF TEXAS,
Plaintiff,
v.
CITY OF HOUSTON, TEXAS,
Defendant,

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Civil Action No. 4:18-cv-03368

PLAINTIFF UNITED STATES’ UNOPPOSED MOTION TO STAY PROCEEDINGS
TO ALLOW THE PARTIES TO COMPLETE SETTLEMENT NEGOTIATIONS
On September 20, 2018, the United States Department of Justice, on behalf of the United
States Environmental Protection Agency, filed a Complaint against the City of Houston
(“Houston” or “the City”), Texas, pursuant to the Clean Water Act (“CWA”), 33 U.S.C. § 1251,
et seq. The Complaint relates to Houston’s wastewater treatment plants and wastewater
collection and transmission system (generally referred to the Houston “sewer system”). For
good cause and consistent with judicial economy, the United States moves the Court to stay all
litigation activity for a period of at least 90 days to allow the parties to continue and, if able,
complete ongoing settlement discussions. Counsel for the State of Texas and for the City have
authorized the United States to represent that they support this motion.
In support of this motion, the United States avers as follows:

 Case 4:18-cv-03368 Document 2 Filed in TXSD on 09/20/18 Page 2 of 5

The U.S. Department of Justice, U.S. Environmental Protection Agency, the Attorney
General of the State of Texas, the Texas Commission on Environmental Quality, and Houston
(the “parties”) have been engaged in settlement discussions for several years in an effort to
address alleged violations of the CWA and the Texas Water Code with respect to Houston’s
sewer system. These discussions have stretched over several years because Houston operates
one of the largest sewer systems in the Nation and the issues subject to the discussions are
complex and highly technical. Prior to Hurricane Harvey the parties made significant progress
toward a final agreement. Due to the devastating impact of Hurricane Harvey, the parties agreed
to suspend settlement negotiations to allow the City’s leadership to focus attention on the health
and safety of its citizens and the damage caused by Hurricane Harvey. Recently, the parties
resumed negotiations and have continued to make good progress toward an agreement.
On July 23, 2018, the Bayou City Waterkeeper provided notice to the Mayor of Houston,
the U.S. Environmental Protection Agency, and the Texas Commission on Environmental
Quality of its intent to initiate a civil lawsuit against the City pursuant to the citizen suit
provisions of the CWA. The notice letter states that the suit will allege the City’s failure to
comply with state-issued permits and other violations of the CWA. Under the citizen suit
provisions of the CWA, no such action may be commenced prior to sixty days after providing
notice and, thereafter, if the EPA Administrator or the State has commenced and is diligently
prosecuting an action in a court of the United States or a State to require compliance with the
CWA.
The parties have consulted and believe that it would be in the best interest of each party,
in the public’s interest, and consistent with judicial economy, to focus on continuing and
completing settlement negotiations for a short period without any competing challenges

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 Case 4:18-cv-03368 Document 2 Filed in TXSD on 09/20/18 Page 3 of 5

associated with litigation. If the stay of litigation activity is granted, the United States would file
regular status updates with the Court at least once every 45 days. Should negotiations stall or the
parties conclude that reaching a final agreement is not feasible counsel for the United States will
promptly notify the Court.
Respectfully submitted,
FOR THE UNITED STATES

JEFFREY H. WOOD
Acting Assistant Attorney General
Environment and Natural Resources Division
U.S. Department of Justice

Dated: September 20, 2018

s/ Nathaniel Douglas
NATHANIEL DOUGLAS
Pennsylvania Bar No. 18217
Environmental Enforcement Section
Environment and Natural Resources Division
United States Department of Justice
P.O. Box 7611
Washington, DC, 20004
Ph: (202) 514-4628
Fax: (202) 616-6584
Nathaniel.Douglas@usdoj.gov
Attorney-in-charge for the United States
RYAN PATRICK
United States Attorney
Southern District of Texas
DANIEL D. HU
Assistant United States Attorney
Chief, Civil Division
SD Texas ID 7959
Texas bar number 10131415
1000 Louisiana, Suite 2300
Houston, TX 77002
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Ph: (713) 567-9518
Daniel.Hu@usdoj.gov
s/ Justin D. Heminger
JUSTIN D. HEMINGER
Chief of Staff and Counsel
to the Assistant Attorney General
Environment and Natural Resources Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W., Room 2607
Washington, D.C. 20530-0001
(202) 305-0312
justin.heminger@usdoj.gov

OF COUNSEL:
MORGAN ROG
Attorney-Advisor
United States Environmental Protection Agency
Office of Enforcement and Compliance Assurance
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
EFREN ORDÓÑEZ
Senior Assistant Regional Counsel
U.S. Environmental Protection Agency
Region VI
1445 Ross Ave., Suite 1200
Dallas, TX 75202

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 Case 4:18-cv-03368 Document 2 Filed in TXSD on 09/20/18 Page 5 of 5

CERTIFICATE OF SERVICE
I hereby certify that on September 20, 2018, I electronically transmitted the foregoing to
the Clerk of Court using the ECF System for filing, and I caused the same to be served by e-mail
and U.S. Mail on the following counsel:
Ronald C. Lewis
City Attorney
City of Houston Legal Department
P.O. Box 368
Houston, TX 77001-0368
Ronald.Lewis@houstontx.gov
Debra T. Baker
Baker · Wotring LLP
700 JPMorgan Chase Tower,
600 Travis Street
Houston, TX 77002
DBaker@BakerWotring.com
s/ Justin D. Heminger
U.S. Department of Justice

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 Case 4:18-cv-03368 Document 2-1 Filed in TXSD on 09/20/18 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
STATE OF TEXAS,
Plaintiff,
v.
CITY OF HOUSTON, TEXAS,
Defendant,

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Civil Action No. 4:18-cv-03368

ORDER STAYING LITIGATION PENDING SETTLEMENT NEGOTIATIONS
Upon Plaintiff United States’ Unopposed Motion to Stay Proceedings to Allow the
Parties to Complete Settlement Negotiations, and it appearing to the Court that granting said
motion is in the best interest of judicial economy and will facilitate settlement, it is:
ORDERED, that the motion to stay the instant case is granted; and it is
FURTHER ORDERED, that the United States report to the Court on the progress of
settlement discussions and/or negotiations every 45 days following entry of this Order; and it is
FURTHER ORDERED, that any party, upon advance written notice to the parties and for
good cause shown, may request a status conference or that the matter be returned to the active
litigation docket.
SO ORDERED.
Dated:

, 2018

______________________________
UNITED STATES DISTRICT JUDGE