United States of America v. Midwest Renewable Energy LLC

Filing 8

ORDER granting 7 Motion for Settlement as stipulated and agreed to by the parties, it is so ordered and adjuged this 28th Day of December, 2009. Ordered by Judge Laurie Smith Camp. (PCV, )

UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

) ) Plaintiff, ) v. ) ) ) MIDWEST RENEWABLE ENERGY, LLC ) ) Defendant. ) __________________________________________)

CIVIL ACTION NO. 8:09CV337

STIPULATION OF SETTLEMENT AND JUDGMENT 1. WHEREAS the United States of America, acting at the request of the Administrator of the United States Environmental Protection Agency ("EPA"), commenced this action by filing a Complaint for Civil Penalties and Injunctive Relief ("Complaint") on September 23, 2009, alleging violations by Midwest Renewable Energy, LLC ("MRE") under Section 113(b) of the Clean Air Act (the "Act"), 42 U.S.C. § 7413(b), including applicable New Source Performance Standards ("NSPS") under Section 111 of the Act and 40 C.F.R. Part 60, Subparts Dc, Kb, and VV, and Section 112(r) of the Act, and under Section 325(c) of the Emergency Planning and Community Right-to-Know Act ("EPCRA"), 42 U.S.C. § 11025(c), arising out of operations at its ethanol dry mill in Sutherland, Nebraska between September, 2004 and July, 2009; 2. WHEREAS EPA issued a Notice and Finding of Violation to MRE on June 8, 2007; 3. WHEREAS MRE hereby certifies that it has remedied the alleged violations of its

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December

U.S. v. Midwest Renewable Energy, LLC - Stipulation of Settlement and Judgment

Joe W. Stecher United States Attorney District of Nebraska DATED: September 23, 2009 By: s/ LAURIE KELLY LAURIE KELLY, Mass. Bar No. 557575 Assistant United States Attorney District of Nebraska 1620 Dodge Street, Suite 1400 Omaha, NE 68102-1506 Telephone: [phone] Fax: [phone] [e-mail]

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