# Notice of Lodging of Consent Decree Pursuant to the Clean Water Act

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A99-31789

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** December 8, 1999
- **Citation:** 64 FR 68702

## Text

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water
Act

In accordance with Departmental Policy, 28 CFR 50.7, notice is
hereby given that a consent decree in United States of America v.
Willowridge Estates, L.L.C., and Rathborne Land Company, Inc., Civil
Action No. 99-3489 (E.D. La.), was lodged with the United States
District Court for the Eastern District of Louisiana on November 17,
1999.
This is a civil action commenced under Sections 309(b) and (d) and
404(s) of the Clean Water Act (``CWA''), 33 U.S.C. 1319(b) and(d),
1344(s), to obtain injunctive relief and civil penalties against
Willowridge Estates, L.L.C., and Rathborne Land Co., Inc.,
(``Defendants''), for the discharge of pollutants into waters of the
United States in Saint Charles Parish, Louisiana, without authorization
by the United States Department of the Army, and for noncompliance with
conditions and limitations of a permit issued under CWA section 404(a),
33 U.S.C. 1344(a), all in violation of CWA section 301(a), 33 U.S.C.
1311(a).
The proposed Consent Decree would resolve these violations and,
among other provisions, would require Defendants (1) to pay civil
penalties totaling $620,000, (2) to preserve about 370 acres of
neighboring wetlands owned by Defendants, (3) apply to the U.S. Army
Corps of Engineers for an after-the-fact permit for the unauthorized
discharges and (4) to comply with all terms and conditions of any
permit that is issued. The proposed Consent Decree further provides
that if the Corps denies the after-the-fact permit, the United States
reserves, and the Consent Decree does not affect, the right to issue an
administrative order or orders to remove all or part of the fill placed
at the Sites, and/or to require mitigation with respect to the
unauthorized fill at the Sites.
The Department of Justice will accept written comments relating to
the proposed Consent Decree for thirty (30) days from the date of
publication of this notice. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
U.S. Department of Justice, Attention: Scott J. Jordan, Environmental
Defense Section, P.O. Box 23986, Washington, D.C. 20026-3986, and must
refer to United States of America v. Willowridge Estates, L.L.C., and
Rathborne Land Company, Inc., DJ Reference No. 90-5-1-4-05482.
The proposed consent decree is on file at the Clerk's Office,
United States District Court, Eastern District of Louisiana, 500 Camp
Street, New Orleans, Louisiana 70130, and may be examined there to the
extent allowed by the rules of the Clerk's Office. In addition, written
requests for a copy of the consent decree may be mailed to Scott J.
Jordan, Environmental Defense Section, U.S. Department of Justice, P.O.
Box 23986, Washington, D.C. 20026-3986, and should refer to United
States v. Willowridge Estates, L.L.C., and Rathborne Land Company,
Inc., DJ Reference No. 90-5-1-4-05482. All written requests for a copy
of the Consent Decree must include the full mailing address to which
the Consent Decree should be sent.
Letitia J. Grishaw,
Chief, Environmental Defense Section, Environmental and Natural
Resources Division, Department of Justice.
[FR Doc. 99-31789 Filed 12-7-99; 8:45 am]
BILLING CODE 4410-15-M

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-31789. Public record. Not legal advice.