New Indy Containerboard Legal Update

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0:21-cv-02053-SAL Date Filed 12/29/21 Entry Number 27 Page 1 of 2

UNITED STATES DISTRICT COURT


DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION

___________________________________
)
UNITED STATES OF AMERICA, )
) C/A No.: 0:21-cv-02053-SAL
Plaintiff, )
) NOTICE OF LODGING OF CONSENT
v. ) DECREE
) AND
NEW INDY CATAWBA, LLC, ) REQUEST THAT THE COURT TAKE
) NO ACTION UNTIL A MOTION FOR
Defendant. ) ENTRY IS FILED
___________________________________)

The United States of America respectfully lodges with the Court a proposed Consent

Decree. Exhibit 1.

The proposed Consent Decree is contingent upon a public comment period, so the United

States requests that the Court not sign the Consent Decree until the United States files a Motion

for Entry. Pursuant to Paragraph 81 of the proposed Consent Decree, and in accordance with the

procedures of 28 C.F.R. § 50.7, the public will have 30 days in which to submit comments to the

United States Department of Justice on the proposed Consent Decree. The 30-day period will begin

on the date notice of the lodging of the proposed Consent Decree is published in the Federal

Register. If, after reviewing the public comments, the Department of Justice concludes that the

proposed Consent Decree should be entered, the United States will inform the Court of any public

comments received and any responses thereto and will move for entry of the Consent Decree as a

final order of the Court.

Plaintiff therefore respectfully requests that this Court receive the proposed Decree for

lodging only and that it abstain from acting upon the Consent Decree until the period for public

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0:21-cv-02053-SAL Date Filed 12/29/21 Entry Number 27 Page 2 of 2

comment has expired and the Plaintiff has moved for entry of the proposed Consent Decree.

Respectfully submitted,

COREY F. ELLIS
UNITED STATES ATTORNEY

By: /s/ Johanna Valenzuela


Johanna C. Valenzuela
Assistant United States Attorney
Federal Bar No. 11130
United States Attorney’s Office
District of South Carolina
Telephone: (803) 929-3122
E-mail: [email protected]

TODD KIM
Assistant Attorney General

STEVEN O’ROURKE
Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 7611 Washington, D.C. 20044-7611
(202) 514 2779
Mass. Bar # 565493
[email protected]

OF COUNSEL:

Marirose J. Pratt
Associate Regional Counsel
U.S. Environmental Protection Agency, Region 4
December 29, 2021

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