United States v. Anchordoguy, et al.

Filing 47

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr., on 11/5/2020 TERMINATING 45 the Consent Decree. (Kastilahn, A)

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Andrew J. Doyle (Fl. Bar No. 84948)
Trial Attorney
United States Department of Justice
Environment and Natural Resources Division
P.O. Box 7611
Washington, DC 20044 / [phone] (mobile)
[e-mail]

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Attorney for the United States

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DOWNEY BRAND LLP
Robert P. Soran, Esq.
621 Capitol Mall, 18th Floor
Sacramento, CA 95814 / [phone]
[e-mail]

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B. DEMAR HOOPER, Attorney
1195 Cemetery Road
Priest River, ID 83856 / [phone]

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Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,
v.
MATTHEW R.
ANCHORDOGUY, et al.,
Defendants.

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No. 2:13-cv-00848-MCE-CMK

STIPULATION AND MOTION
TO TERMINATE CONSENT
DECREE;
ORDER THEREON

Stipulation and Motion to Terminate Consent Decree; Order Thereon 1

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Pursuant Plaintiff United States of America (“United States”) and
Defendants Matthew R. Anchordoguy, Anchordoguy and Company Limited
Partnership, and John R. Barlow (“Defendants”) stipulate and move to terminate
the Consent Decree that this Court entered on or about November 7, 2014 (ECF
No. 45), as follows:
1.

The Consent Decree provides (Paragraph 57): “After Defendants

have paid civil penalties (Paragraph 19); recorded the Consent Decree (Paragraph
23, subparagraph c); completed mitigation (Paragraph 24); continuously complied
with the injunctions (Paragraph 23, subparagraphs a and b) . . . ; and paid any
outstanding stipulated penalties required by this Consent Decree, Defendants may”
request termination of the Consent Decree.
2.

The Consent Decree also provides (Paragraph 58): “If the United

States agrees that the Consent Decree may be terminated, the Parties shall submit,
for the Court’s approval, an appropriate paper or pleading to terminate the Consent
Decree.”
3.

Defendants timely paid civil penalties, recorded the Consent Decree,

and completed mitigation.
4.

No stipulated penalties are due from Defendants under the Consent

Decree.
Stipulation and Motion to Terminate Consent Decree; Order Thereon 2

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5.

Defendants warrant and represent, through their counsel, that they

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have continuously complied with the injunctions set forth in Paragraph 23,

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subparagraphs a and b. Paragraph 23.a. provides: “Defendants and Defendants’

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agents, successors, and assigns are enjoined from discharging any pollutant into

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Coyote Creek, Stream 1, Stream 2, Stream 3, Stream 4, Stream 5, Stream 6, or

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Unfilled Wetlands, unless such discharge complies with the provisions of the

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CWA and its implementing regulations.” Paragraph 23.b. provides: “Defendants

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and Defendants’ agents, successors, and assigns are enjoined from dredging or

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excavating any portion of Coyote Creek unless, before initiating any such activity,

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Defendants provide written notification to the Corps fully describing the proposed

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activity and obtain from the Corps a CWA section 404 permit, a verification of the

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applicability of a nationwide permit, or a determination that no CWA section 404

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permit is required for the proposed activities.”

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6.

The United States relies on the foregoing warranty and representation

from Defendants and is not aware of evidence indicating non-compliance.

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7.

Accordingly, all conditions for termination of this Consent Decree

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have been met.

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8.

The Consent Decree provides (Paragraph 60): “Termination . . . does

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not extinguish the prohibitions of subparagraphs a and b of Paragraph 23, which

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run with ownership or control of the Site.”

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Stipulation and Motion to Terminate Consent Decree; Order Thereon 3

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STIPULATED AND RESPECTFULLY SUBMITTED ON BEHALF OF THE

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UNITED STATES:

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Dated: October 23, 2020

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/s/ Andrew J. Doyle____________
Andrew J. Doyle (Fl. Bar No. 84948)
Trial Attorney
United States Department of Justice
Environment and Natural Resources
Division
P.O. Box 7611
Washington, DC 20044
[phone] (phone)
[phone] (mobile)
[phone] (fax)
[e-mail]

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STIPULATED AND RESPECTFULLY SUBMITTED ON BEHALF OF
DEFENDANTS:

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Dated: October 23, 2020

/s/ B. Demar Hooper_____
B. Demar Hooper, Esq.
1195 Cemetery Road
Priest River, ID 83856
[phone] (phone)
[e-mail]

Dated: October 23, 2020

DOWNEY BRAND, LLP

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By /s/ Robert P. Soran____
Robert P. Soran, Esq.
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
[phone] (phone)
[e-mail]

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Stipulation and Motion to Terminate Consent Decree; Order Thereon 4

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ORDER TERMINATING CONSENT DECREE

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In accordance with the Parties’ stipulation and joint motion, and good cause appearing,
the Consent Decree (ECF No. 45) is hereby TERMINATED. As the Consent Decree provides

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(Paragraph 60): “Termination does not extinguish the prohibitions of subparagraphs a and b of

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Paragraph 23, which run with ownership or control of the Site.” Paragraph 23.a. provides:

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“Defendants and Defendants’ agents, successors, and assigns are enjoined from discharging any
pollutant into Coyote Creek, Stream 1, Stream 2, Stream 3, Stream 4, Stream 5, Stream 6, or
Unfilled Wetlands, unless such discharge complies with the provisions of the CWA and its
implementing regulations.” Paragraph 23.b. provides: “Defendants and Defendants’ agents,
successors, and assigns are enjoined from dredging or excavating any portion of Coyote Creek

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unless, before initiating any such activity, Defendants provide written notification to the Corps

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fully describing the proposed activity and obtain from the Corps a CWA section 404 permit, a
verification of the applicability of a nationwide permit, or a determination that no CWA section

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404 permit is required for the proposed activities.”

IT IS SO ORDERED.
Dated: November 5, 2020

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Stipulation and Motion to Terminate Consent Decree; Order Thereon 5