USA v. El Dorado County, et al

Filing 364

ORDER signed by Judge Morrison C. England, Jr on 1/11/10 ORDERING that the United States' MOTION to APPROVE CONSENT DECREE 354 is GRANTED. (Mena-Sanchez, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On November 4, 2009, the United States filed the Motion now before the Court: a request for approval of the government's proposed Consent Decree with the South Tahoe Public Utility District ("District"). /// /// /// 1 ----oo0oo---v. EL DORADO COUNTY, CALIFORNIA; and CITY OF SOUTH LAKE TAHOE, CALIFORNIA, Defendants. ______________________________ AND ALL RELATED ACTIONS. UNITED STATES OF AMERICA, NO. 2:01-cv-01520-MCE-GGH Plaintiff, ORDER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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The proposed Consent Decree was initially lodged with the Court on September 17, 2009. Notice of Lodging was thereafter

published with the Federal Register on Wednesday, September 23, 2009, indicating that the United States would accept comments on the proposed Consent Decree with the District for a period of thirty (30) days. That comment period closed on October 23, 2009 The instant Motion was thereafter

and no comments were received. filed.

Given the terms of the Consent Decree negotiated between the parties, the fact that no one posited any suggestion during the aforementioned comment period that the Consent Decree was not fair, reasonable, and consistent with the objectives of CERCLA, the fact that no opposition to the present Motion was made, and good cause appearing therefor, the United States' Motion to Approve Consent Decree (Docket No. 354) is GRANTED.1 The Court

will sign the Consent Decree itself concurrently with this Order. IT IS SO ORDERED. Dated: January 11, 2010

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

Because oral argument was not of material assistance, the Court ordered this matter submitted on the briefs. E.D. Cal. Local Rule 230(g). 2

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