Equitable / Substantive Fairness Sample Clauses

Equitable / Substantive Fairness. 10 In determining whether a consent decree is equitable, courts look to whether the 11 decree is substantively fair, considering the standpoint of both the signatories and 12 nonparties to the decree. See Turtle Island Restoration Network v. U.S. Dep’t of 13 Commerce, 834 ▇. ▇▇▇▇. 2d 1004, 1016-17 (D. Haw. 2011), aff’d, 672 F.3d 1160 (9th 14 Cir. 2012). However, “it is not the duty of the court to determine whether ‘the settlement 15 is one which the court itself might have fashioned, or considers ideal,’” and the court 16 should refrain from substituting its judgment for that of the parties. Chevron U.S.A., 380 17 F. Supp. 2d at 1111 (citing United States v. BP Expl. & Oil Co., 167 ▇. ▇▇▇▇. 2d 1045, 18 1049 (N.D. Ind. 2001)). “Rather, the court’s approval is nothing more than an amalgam 19 of delicate balancing, gross approximations and rough justice.” Oregon, 913 F.2d at 581 20 (internal citations and quotations omitted).