California Sportfishing Protection Alliance v. Arctic Glacier U.S.A., Inc.

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JASON R. FLANDERS (Bar No. 238007)
Email: jrf@atalawgroup.com
ANTHONY M. BARNES (Bar No. 199048)
Email: amb@atalawgroup.com
KENYA S. ROTHSTEIN (Bar No. 340854)
Email: ksr@atalawgroup.com
AQUA TERRA AERIS (ATA) LAW GROUP
8 Rio Vista Ave.
Oakland, CA 94611
Telephone: (917) 371-8293
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
UNITED STATE DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE, a California non-profit corporation,
Plaintiff,
vs.
ARCTIC GLACIER U.S.A., INC., a Delaware
corporation,
Defendant.
Case No.: 4:26-cv-00437-JST
[PROPOSED] CONSENT DECREE
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CONSENT DECREE
WHEREAS, California Sportfishing Protection Alliance (“CSPA” or “Plaintiff”) is a non-
profit entity dedicated to protecting California surface waters from pollution and degradation, among
other objectives;
WHEREAS, Arctic Glacier U.S.A., Inc. (“Arctic Glacier” or “Defendant”) operated an
industrial facility at 43960 Fremont Blvd., Fremont, CA 94538 (“WDID”) 2 01I029366 (“Facility”);
WHEREAS, on or about February 18, 2026, Reddy Ice, LLC (“Reddy Ice”) acquired Arctic
Glacier;
WHEREAS, on or about February 19, 2026, Arctic Glacier merged into Reddy Ice and Reddy
Ice is the surviving entity;
WHEREAS, Reddy Ice assumed all obligations under the lease for, and is now the operator
of, the Facility;
WHEREAS, Reddy Ice is responsible for all obligations under this Consent Decree;
WHEREAS, the Facility’s industrial purpose is the manufacture, packaging, distribution, and
sale of ice and the Facility is categorized under Standard Industrial Classification Code (“SIC”) 2097,
establishments primarily engaged in manufacturing ice;
WHEREAS, storm water discharges associated with industrial activity at the Facility are
regulated by the National Pollutant Discharge Elimination System (“NPDES”) General Permit No.
CAS000001 [State Water Resources Control Board], Water Quality Order No. 2014-0057-DWQ, and
as amended by Water Quality Orders Nos. 2015-0122-DWQ and Order No. 2018-0028-DWQ
(“General Permit” or “Permit”), and the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et
seq. (“Clean Water Act” or “CWA”), Sections 301(a) and 402, 33 U.S.C. §§ 1311(a), 1342;
WHEREAS, Defendant’s operations at the Facility resulted in discharges of pollutants into
waters of the United States and are regulated by CWA Sections 301(a) and 402. 33 U.S.C. §§ 1311(a),
1342;
WHEREAS, the General Permit requires all permittees, including Defendant, to comply with,
inter alia, the following mandates: (1) develop and implement a stormwater pollution prevention plan
(“SWPPP”) and a stormwater monitoring implementation plan (“MIP”), (2) control pollutant
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discharges using, as applicable, best available technology economically achievable (“BAT”) or best
conventional pollutant control technology (“BCT”) to prevent or reduce pollutants through the
development and application of Best Management Practices (“BMPs”), which must be included and
timely updated in the SWPPP, (3) reduce and eliminate discharges necessary to comply with any and
all applicable Water Quality Standards (“WQS”), and (4) implement a monitoring and reporting
program designed to assess compliance with the Permit;
WHEREAS, on May 16, 2025, Plaintiff issued a notice of intent to file suit (“60-Day Notice”)
to Defendant, its registered agent, the Administrator of the United States Environmental Protection
Agency (“EPA”), the Executive Director of the State Water Resources Control Board (“State Water
Board”), the Executive Director San Francisco Bay Regional Water Quality Control Board
(“Regional Water Board”), and the Regional Administrator of the EPA Region IX, alleging violations
of the CWA and the General Permit at the Facility;
WHEREAS, on January 15, 2026, CSPA filed a complaint against Defendant in the United
States District Court for the Northern District of California, Civil Case No. 4:26-cv-00437-JST
(“Complaint”);
WHEREAS, on April 30, 2026, CSPA filed a Motion for Leave to file a First Amended
Complaint against Defendant, which is pending and has not been ruled on by the Court;
WHEREAS, Plaintiff’s [Proposed] First Amended Complaint alleges Defendant has and
continues to inadequately sample, monitor, and report, which prevents Defendant, regulatory
agencies, and the public, from adequately analyzing its BMPs to prevent the exposure of pollutants
to storm water and to prevent discharges of polluted storm water and non-storm water from the
Facility into Coyote Creek and the San Francisco Bay (“Receiving Waters”);
WHEREAS, Defendant denies the allegations in the Complaint, Proposed First Amended
Complaint, and 60-Day Notice, and Defendant neither admits nor denies the factual allegations and
legal conclusions in this Consent Decree;
WHEREAS, Plaintiff and Defendant (collectively “Settling Parties” or “Parties”) agree that
it is in their mutual interest to enter into a Consent Decree setting forth terms and conditions
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appropriate to resolving the allegations set forth in the 60-Day Notice and Complaint without further
proceedings;
WHEREAS, all actions taken by the Defendant pursuant to this Consent Decree shall be made
in compliance with all applicable federal, state and local rules and regulations.
NOW THEREFORE IT IS HEREBY STIPULATED BETWEEN THE SETTLING
PARTIES AND ORDERED AND DECREED BY THE COURT AS FOLLOWS:
1. 	The Court has jurisdiction over the subject matter of this action pursuant to Section
505(a)(1)(A) of the CWA, 33 U.S.C. § 1365(a)(1)(A);
2. 	Venue is appropriate in the Northern District Court pursuant to Section 505(c)(1) of
the CWA, 33 U.S.C. § 1365(c)(1), because the Facility at which the alleged violations are taking place
is located within this District;
3. 	The Complaint states a claim upon which relief may be granted against Defendant
pursuant to Section 505 of the CWA, 33 U.S.C. § 1365;
4. 	CSPA has standing to bring this action;
5. 	The Court shall retain jurisdiction over this action for purposes of interpreting,
modifying or enforcing the terms of this Consent Decree, or as long thereafter as necessary for the
Court to resolve any motion to enforce this Consent Decree, but only regarding issue raised within
the one (1) year term of this Consent Decree
I. 	OBJECTIVES
6. 	It is the express purpose of the Settling Parties through this Consent Decree to further
the objectives of the CWA, and to resolve all issues alleged by CSPA in its 60-Day Notice and
Complaint. These objectives include compliance with the provisions of this Consent Decree,
compliance with all terms and conditions of the General Permit, and compliance with all applicable
sections of the CWA.
7. 	In light of these objectives and as set forth fully below, Defendant agrees to comply
with the provisions of this Consent Decree, terms and conditions of the General Permit, and all
applicable sections of the CWA at the Facility.
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II. 	AGENCY REVIEW AND CONSENT DECREE TERM
A. 	AGENCY R EVIEW OF CONSENT D ECREE
8. 	Agency Review. Plaintiff shall submit this Consent Decree to the United States
Department of Justice and the EPA (the “Federal Agencies”), within three (3) business days of the
final signature of the Parties, for agency review consistent with 40 C.F.R. § 135.5. The agency review
period expires forty-five (45) calendar days after receipt by the Federal Agencies, as evidenced by
certified return receipts, copies of which shall be provided to Defendant. In the event that the Federal
Agencies object to entry of this Consent Decree, the Parties agree to meet and confer to attempt to
resolve the issue(s) raised by the Federal Agencies.
9. 	Court Notice. Plaintiff shall notify the Court of the receipt date by the Federal
Agencies, as required by 40 C.F.R. § 135.5, in order coordinate the Court’s calendar with the 45-day
review period.
10. 	Entry of Consent Decree. Following expiration of the Federal Agencies’ 45-day review
period, Plaintiff shall submit the Consent Decree to the Court for entry.
B. 	EFFECTIVE DATE AND TERM OF CONSENT D ECREE
11. 	Effective Date. The Effective Date of this Consent Decree shall be the date of entry by
the Court.
12. 	Term & Termination. This Consent Decree shall terminate one (1) year from the
Effective Date, unless Defendant has earlier certified and submitted the required permit registration
documents for No Exposure Certification Coverage via SMARTS, in which case this Consent Decree
shall terminate upon notice by Defendant that this has been completed. Provided, however, that if one
of the Settling Parties has invoked Dispute Resolution in accordance with Section IV of this Consent
Decree, in which case the Consent Decree will terminate within the earlier of fifteen (15) days of
written notice by the Settling Party that invoked Dispute Resolution that the dispute has been fully
resolved or an order of the Court resolving the dispute and terminating the Consent Decree. For the
avoidance of doubt, in the event one of the Settling Parties has invoked Dispute Resolution, any
commitments listed under Section III of this Consent Decree and complied with by Defendant will
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immediately terminate, but the commitments in dispute and the rest of the Consent Decree provisions
will remain in effect.
III. 	COMMITMENTS OF THE SETTLING PARTIES
A. 	SAMPLING AT THE FACILITY
13. 	During the Term of this Consent Decree, Defendant shall collect and analyze samples
of storm water discharge from each Discharge Location designated in the SWPPP from at least four
(4) Qualifying Storm Events (as defined under Section XI.B.1 of the General Permit) (“QSEs”) during
facility operating hours and when conditions are safe, as required by the General Permit (i.e., two
QSEs during the first half of the reporting year and two QSEs during the second half of the reporting
year). Arctic Glacier shall sample the first QSE of each half of the reporting year. A QSE, defined
under Section XI.B.1 of the General Permit, is a precipitation event that produces a discharge for at
least one (1) drainage area and is preceded by forty-eight (48) hours with no discharge from any
drainage area. Any failure to collect samples as required by this Consent Decree shall be documented
and submitted to CSPA in writing within ten (10) days of the date a sample should have been collected
but was not. If, prior to February 1 of a reporting year, Defendant has collected samples from two (2)
or fewer qualifying storm events, Defendant shall, to the extent feasible, collect samples during as
many QSEs as necessary until a minimum of 4 storm events have been sampled for the reporting year.
No two (2) samples may be from the same storm event.
14. 	Rain Gauge/Sensor: Defendant shall install and maintain an electronic rain gauge or
sensor at the Facility within ten (10) business days of the Effective Date. The rain gauge/sensor shall
be capable of measuring precipitation down to at least 0.1 inches, and record start/stop times and non-
cumulative precipitation for each rain event. During the Term, Defendant shall collect data using the
gauge/sensor for all precipitation events to the nearest 0.1 inch, including start/stop times. Data from
the rain gauge/sensor shall be conclusive of precipitation quantities and timing for purposes of this
Consent Decree.
15. 	Sampling Parameters: All samples collected pursuant to this Consent Decree shall be
analyzed for the parameters listed in Table 1.
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16. 	Laboratory and Holding Time: Except for pH samples, delivery of all samples to a
California state certified environmental laboratory for analysis within allowable hold times, pursuant
to 40 C.F.R. Part 136. Analysis of pH will be completed onsite using a calibrated portable instrument
for pH in accordance with the manufacturer’s instructions.
17. 	Detection Limit: Defendant shall request that the laboratory use analytical methods
adequate to detect the individual contaminants at or below the values specified in the General Permit
and Table 1 below.
18. 	Reporting: Defendant shall provide complete laboratory results of all samples collected
at the Facility to CSPA within ten (10) days of receiving the results.
TABLE 1
Analytes 	Values 	Source of Limit
Oil & Grease 	15 mg/L
25 mg/L
Annual NAL
Instantaneous NAL
pH 	6-9 s.u. 	Instantaneous NAL
Total Suspended Solids 	100 mg/L
400 mg/L
Annual NAL
Instantaneous NAL
B. 	V ISUAL O BSERVATIONS
19. 	Visual Observations: During the life of this Consent Decree, Defendant shall conduct
the visual observations required by Section XI.A.1 of the General Permit every other week during the
wet season, and will otherwise conduct visual observations in accordance with Section XI.A of the
General Permit. As used in this Paragraph 19, the term “wet season” shall mean the period beginning
on October 1 and ending on April 30.
20. 	Visual Observations Records: Defendant shall maintain observation records to
document compliance with paragraph 19 and shall provide CSPA with a copy of those records within
twenty-one (21) days of receipt of a written request from CSPA for those records.
C. 	TRAINING
21. 	Employee Training Program: Within forty-five days (45) of the Effective Date,
Defendant shall conduct an employee training session that meets the following requirements and
ensures (1) that there is a sufficient number of employees at the Facility designated to achieve
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compliance with the General Permit and this Consent Decree (“Designated Employees”), and (2) that
these Designated Employees are properly trained to perform the activities required by the General
Permit and this Consent Decree:
a. 	Language. The training and training materials shall be available and offered in the
language(s) in which relevant employees are fluent. If necessary, Defendant shall
provide a translator or translators at all trainings where such translation is likely to
improve staff comprehension of the Training Program and improve compliance with
this Consent Decree and the General Permit.
b. 	Training shall be provided by a Qualified Industrial Storm Water Practitioner
(“QISP”, as defined in Section IX.A of the General Permit) familiar with the
requirements of this Consent Decree and the General Permit.
c. 	Sampling Training: Defendant shall designate an adequate number of employees
necessary to collect storm water samples as required by this Consent Decree and the
General Permit, including training to ensure samples are properly collected, stored,
and submitted to a certified laboratory.
d. 	Visual Observation Training: Defendant shall provide training on how and when to
properly conduct visual observations to Designated Employees;
e. 	Employees: All Designated Employees at the Facility shall participate in the training
session.
f. 	The 	Defendant 	shall 	maintain 	records 	of 	the 	training 	session 	to 	document
compliance with this paragraph and shall provide CSPA with a copy of these records
within fourteen (14) days of receipt of a written request.
22. 	SWPPP and Monitoring Implementation Plan (“MIP”) Revisions and Update: Within
thirty (30) days of the Effective Date, Defendant shall amend the Facility’s SWPPP and MIP to
incorporate the requirements in this Consent Decree, as appropriate.
D. 	COMPLIANCE M ONITORING AND R EPORTING
23. 	Document Provision. During the term of this Consent Decree, Defendant shall notify
and submit documents to CSPA as follows:
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a. 	Defendant shall copy CSPA on all compliance documents, monitoring and/or
sampling data, written communications and/or correspondences, or any documents
related to storm water quality at the Facility that are submitted to the Regional Water
Board, the State Water Board, and/or any state or local agency, county or
municipality.
b. 	Any compliance document, inspection report, written communication and/or
correspondence, or any document related to storm water quality at the Facility
received by Defendant from the Regional Water Board, the State Water Board,
and/or any state or local agency, county, municipality shall be sent to CSPA within
four (4) business days of receipt by Defendant. Defendant shall mail paper copies
or email electronic copies of documents to CSPA at the relevant notice address
contained below.
24. 	Compliance Monitoring. Defendant agrees to partially defray costs associated with
Plaintiff’s monitoring of Defendant’s compliance with this Consent Decree by paying One Thousand
Dollars ($1,000.00) within sixty (60) days of the Effective Date made payable via ACH payment,
wire transfer, or check. If by check, payment is payable to: Aqua Terra Aeris Law Group LLP, Attn:
Anthony M. Barnes and delivered by overnight carrier (no signature required) to Aqua Terra Aeris
Law Group, 8 Rio Vista Ave, Oakland, CA 94611. Aqua Terra Aeris Law Group shall provide
electronic payment instructions within three (3) days of the Effective Date.
25. 	Failure to submit payment as required under Paragraph 24 will constitute breach of the
Consent Decree.
E. ENVIRONMENTALLY B ENEFICIAL PROJECT, LITIGATION FEES AND COSTS , M ISSED
DEADLINES, AND I NTEREST
26. 	Environmentally Beneficial Project: To fund an environmentally beneficial project
that will reduce or mitigate the impacts of storm water pollution from industrial activities occurring
in the South San Francisco Bay and its tributaries, including Coyote Creek. Defendant agrees to make
a total payment of Fifteen Thousand Dollars ($15,000.00) to the Rose Foundation made within sixty
(60) days of the Effective Date, payable via ACH payment, wire transfer, or check. If by check,
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payment is payable to the Rose Foundation for Communities and the Environment and sent via
overnight carrier (no signature required) to Rose Foundation, 201 4th St APT 102, Oakland, CA
94607. Defendant shall provide CSPA with a copy of such payment. Aqua Terra Aeris Law Group
shall provide electronic payment instructions within three (3) days of the Effective Date.
27. 	CSPA’s Fees and Costs: Defendant agrees to pay a total of Fifty Thousand
($50,000.00) 	to 	CSPA 	to 	partially 	reimburse 	Plaintiff 	for 	its 	investigation 	fees 	and 	costs,
expert/consultant fees and costs, reasonable attorneys’ fees, and any and all other costs incurred as a
result of investigating and filing the lawsuit, and negotiating a resolution of this matter. The payment
shall be made payable via ACH payment, wire transfer, or check. If by check, payment is payable to:
Aqua Terra Aeris Law Group LLP, Attn: Anthony M. Barnes and delivered by overnight carrier (no
signature required) to Aqua Terra Aeris Law Group, 8 Rio Vista Ave, Oakland, CA 94611. Aqua
Terra Aeris Law Group shall provide electronic payment instructions within three (3) days of the
Effective Date.
28. 	Defendant shall make a remediation payment for each missed deadline included in this
Consent Decree that is not excused by CSPA in writing for an extension of that particular deadline.
If Defendant fails to sample the first QSE in each half of the year and/or fails to sample a second QSE
in each half of the year, Defendant shall make a remediation payment of five thousand and five
hundred dollars ($5,500.00). The remediation payment for any other missed deadlines shall be one
thousand dollars ($1,000.00), unless Defendant cures the deficiency within 5 business days of the
missed deadline. Remediation payments shall be made via ACH payment, wire transfer, or check. If
by check, payment is payable to: Rose Foundation for Communities and the Environment, ATTN:
Rose Foundation, 201 4 th Street, Ste. 102, Oakland, California 94607. Defendant agrees to make the
stipulated payment within thirty (30) days of a missed deadline or failure to sample. Defendant shall
provide CSPA with a copy of each such payment at the time it is made.
29. 	Interest on Late Payments: Defendant shall pay interest on any payments, fees, or costs
owed to CSPA under this Consent Decree that CSPA has not received by the due date. The interest
shall accrue starting the first day after the payment is due and shall be computed at a rate of 1% per
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month (12% per year). Interest on late payments shall be made payable to CSPA and sent via ACH
payment, wire transfer, or check. If by check, payable to the address listed in paragraph 49, below.
IV. 	DISPUTE RESOLUTION
30. 	This Court shall retain jurisdiction over this matter for the term of this Consent Decree
for the purposes of enforcing its terms and conditions, and adjudicating all disputes among the Parties
that may arise under the provisions of this Consent Decree. The Court shall have the power to enforce
this Consent Decree with all available legal and equitable remedies, including contempt.
31. 	Meet and Confer. Either party to this Consent Decree may invoke the dispute
resolution procedures of this Section IV by notifying the other party in writing of the matter(s) in
dispute and of the disputing party’s proposal for resolution. The Parties shall then meet and confer in
good faith (either telephonically or in person) within ten (10) days of the date of the notice in an
attempt to fully resolve the dispute no later than thirty (30) calendar days from the date of the notice.
32. 	Settlement Conference. If the Parties cannot resolve the dispute within thirty (30) days
of the meet and confer described in paragraph 31, the Parties agree that the dispute may be submitted
for formal resolution by filing a motion before the United States District Court for the Northern
District of California. The Parties agree to request an expedited hearing schedule on the motion.
33. 	In resolving any dispute arising from this Consent Decree before the Court, the Parties
shall be entitled to seek fees and costs incurred pursuant to the provisions set forth in Section 505(d)
of the CWA, 33 U.S.C. § 1365(d), and applicable case law interpreting such provisions.
V. 	MUTUAL RELEASE OF LIABILITY AND COVENANT NOT TO SUE
34. 	Plaintiff’s Waiver and Release of Defendant. In consideration of the above, upon the
Effective Date of this Consent Decree, Plaintiff, on its own behalf and on behalf of its officers and
directors, releases Defendant, its officers, directors, managers, employees, members, parents,
subsidiaries, divisions, affiliates, successors or assigns, agents, attorneys and other representatives,
from and waives all claims that were or could have been raised based on the facts alleged in the 60-
Day Notice and/or the Complaint up to and including the Termination Date of this Consent Decree.
35. 	Defendant’s Waiver and Release of Defendant. In consideration of the above, upon
the Effective Date of this Consent Decree, Defendant, on its own behalf and on behalf of its officers,
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directors, employees, parents, subsidiaries, affiliates and each of their successors or assigns, release
Plaintiff, its officers and directors, from and waives all claims related to the 60-Day Notice and/or the
Complaint up to and including the Termination Date of this Consent Decree.
36. 	Nothing in this Consent Decree limits or otherwise affects Plaintiff’s rights to address
or take any position that it deems necessary or appropriate in an informal or formal proceeding before
the State Water Board, Regional Water Board, EPA, or any other judicial or administrative body on
any matter relating to Defendant’s compliance at the Facility with the General Permit or the CWA
occurring or arising after the Effective Date.
VI. 	MISCELLANEOUS PROVISIONS
37. 	No Admission of Liability. The Parties enter into this Consent Decree for the purpose
of avoiding prolonged and costly litigation. Neither the Consent Decree nor any payment pursuant to
the Consent Decree shall constitute or be construed as an admission, finding, adjudication, or
acknowledgement of any fact, law or liability, nor shall it be construed as an admission of violation
of any law, rule, or regulation. Defendant maintains and reserves all defenses it may have to any
alleged violations that may be raised in the future.
38. 	Counterparts. This Consent Decree may be executed in any number of counterparts,
all of which together shall constitute one original document. Telecopy and/or facsimile copies of
original signature shall be deemed to be originally executed counterparts of this Consent Decree.
39. 	Authority. The undersigned representatives for Plaintiff and Defendant each certify
that s/he is fully authorized by the party whom s/he represents to enter into this Consent Decree. A
Party’s signature to this Consent Decree transmitted by facsimile or electronic mail shall be deemed
binding.
40. 	Construction. The language in all parts of this Consent Decree shall be construed
according to its plain and ordinary meaning, except as to those terms defined in the Permit, the CWA,
or specifically herein. The captions and paragraph headings used in this Consent Decree are for
reference only and shall not affect the construction of this Consent Decree.
41. 	Full Settlement. This Consent Decree constitutes a full and final settlement of this
matter.
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42. 	Integration Clause. This is an integrated Consent Decree. This Consent Decree is
intended to be a full and complete statement of the terms of the agreement between the Parties and
expressly supersedes any and all prior oral or written agreements, covenants, representations, and
warranties (express or implied) concerning the subject matter of this Consent Decree.
43. 	Severability. In the event that any provision, paragraph, section, or sentence of this
Consent Decree is held by a court to be unenforceable, the validity of the enforceable provisions shall
not be adversely affected.
44. 	Choice of Law. The laws of the United States shall govern this Consent Decree.
Effect of Consent Decree: Compliance with this Consent Decree does not mean that
Defendant is complying with the General Permit, the CWA, or any other law, rule, or regulation.
45. 	Negotiated Settlement. The Settling Parties have negotiated this Consent Decree, and
agree that it shall not be construed against the party preparing it, but shall be construed as if the
Settling Parties jointly prepared this Consent Decree, and any uncertainty and ambiguity shall not be
interpreted against any one party.
46. 	Modification of the Consent Decree. This Consent Decree, and any provisions herein,
may not be changed, waived, discharged, or terminated unless by a written instrument, signed by the
Parties and approved by the Court. Any request to modify any provision of the Consent Decree,
including but not limited to any deadline(s) set forth herein, must be made in writing at least fourteen
(14) days before the existing deadline(s) applicable to the provision(s) proposed to be modified.
47. 	Assignment. Subject only to the express restrictions contained in this Consent Decree,
all of the rights, duties and obligations contained in this Consent Decree shall inure to the benefit of
and be binding upon the Parties, and their successors and assigns. Defendant shall notify Plaintiff
within ten (10) days of any assignment.
48. 	Force Majeure. Neither of the Parties shall be considered to be in default in the
performance of any of their respective obligations under this Consent Decree when performance
becomes impossible due to a Force Majeure event. A Force Majeure event is any circumstance beyond
a Settling Party’s reasonable control, including without limitation, any act of God, war, fire,
earthquake, flood, windstorm, or natural catastrophe; criminal acts; civil disturbance, vandalism,
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sabotage, or terrorism; restraint by court order or public authority or agency; or action or non-action
by, or inability to obtain the necessary authorizations or approvals from any governmental agency. A
Force Majeure event shall not include normal inclement weather, economic hardship, inability to pay,
or employee negligence. Any party seeking to rely upon this paragraph to excuse or postpone
performance shall have the burden of establishing that it could not reasonably have been expected to
avoid the Force Majeure event and which by exercise of due diligence has been unable to overcome
the failure of performance. The Parties shall exercise due diligence to resolve and remove any Force
Majeure event.
49. 	Correspondence. All notices required herein or any other correspondence pertaining
to this Consent Decree shall be, the extent feasible, sent via electronic mail transmission to the e-mail
address listed below, or if electronic mail is not feasible, then by certified U.S. mail with return
receipt, or by hand delivery to the following addresses:
If to Plaintiff:
Jason R. Flanders and Kenya S. Rothstein
Aqua Terra Aeris Law Group LLP
8 Rio Vista Ave.
Oakland, CA 94611
amb@atalawgroup.com
If to Defendant:
Kenneth Fernandez
General Counsel
Reddy Ice, LLC
5710 LBJ Freeway, Suite 300
Dallas, TX 75240
kfernandez@reddyice.com
With copies to:
Chris Shutes, Executive Director
California Sportfishing Protection Alliance
1608 Francisco Street
Berkeley, CA 94703
cshutes@calsport.org
With copies to:
Erica Spitzig
Taft Stettinius & Hollister LLP
301 E. Fourth Street, Suite 2800
Cincinnati, Ohio 45202
espitzig@taftlaw.com
Notifications of communications shall be deemed submitted three (3) days after the date that they are
postmarked and sent by first-class mail, or immediately after acknowledgement of receipt via email
by the receiving party. Any change of address or addresses shall be communicated in the manner
described above for giving notices.
50. 	If for any reason the U.S. Department of Justice or the Court should decline to approve
this Consent Decree in the form presented, the Parties shall use their best efforts to work together to
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modify the Consent Decree within thirty (30) days so that it is acceptable to the U.S. Department of
Justice and/or the Court. If the Parties are unable to modify this Consent Decree in a mutually
acceptable manner that is also acceptable to the Court, this Consent Decree shall immediately be null
and void as well as inadmissible as a settlement communication under Federal Rule of Evidence 408
and California Evidence Code section 1152.
The Parties hereto enter into this Consent Decree and submit it to the Court for its approval
and entry as a final judgment.
IN WITNESS WHEREOF, the undersigned have executed this Consent Decree as of the date
first set forth below.
APPROVED AS TO CONTENT
Dated: ______________, 2026 	By: _______________________
Chris Shutes, Executive Director
California Sportfishing Protection Alliance
Dated: ______________, 2026 	By: _______________________
Kenneth Fernandez
Reddy Ice, LLC
APPROVED AS TO FORM
Dated: ______________, 2026 	By: ________________________
Kenya S. Rothstein
Attorney for Plaintiff
California Sportfishing Protection Alliance
Dated: ______________, 2026 	By: _______________________
Erica M. Spitzig
Attorney for Defendant
Arctic Glacier U.S.A.
8/3/2026
August 3,
Case 4:26-cv-00437-JST Document 50 Filed 10/14/26 Page 15 of 17

1 	modify the Consent Decree within thirty (30) days so that it is acceptable to the U.S. Department
of
2 	Justice and/or the Court.
If
the Parties are unable to modify this Consent Decree
in
a mutually
3 	acceptable manner that is also acceptable to the Court, this Consent Decree shall immediately be null
4 	and void as well as inadmissible as a settlement communication under Federal Rule
of
Evidence 408
5 	and California Evidence Code section 1152.
6 	The Parties hereto enter into this Consent Decree and submit it to the Court for its approval
7 	and entry as a final judgment.
8 	IN WITNESS WHEREOF, the undersigned have executed this Consent Decree as
of
the date
9 	first set forth below.
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Dated: 	, 2026
	------
Dated: 	August 6	
--~
__
,2026
APPROVED AS TO FORM
Dated:
_____
,2026
Dated:
__
A_u____.cg_u_st_6
__
, 2026
15
By:---------
Chris Shutes, Executive Director
California Sportfishing Protection Alliance
By
d>llO,{\ )
Kenneth Fernan
Reddy Ice, LLC
By:
________
_
Kenya S. Rothstein
Attorney for Plaintiff
California Sportfishing Protection Alliance
c::=
By:_
	-
--------
Erica M. Spitzig
Attorney for Defendant
Arctic Glacier U.S.A.
[PROPOSED] CONSENT DECREE
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IT IS SO ORDERED.
FINAL JUDGMENT
Upon approval and entry of this Consent Decree by the Court, this Consent Decree shall
constitute a final judgment between the Plaintiff and Defendant.
NORTHERN DISTRICT OF CALIFORNIA
___________________________________
HONORABLE JON S. TIGAR
United States District Court Judge
Dated: October 14, 2026
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