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United States v. El Dorado County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 11, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
EL DORADO COUNTY, CALIFORNIA; AND CITY OF SOUTH LAKE TAHOE, CALIFORNIA, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER AND ALL RELATED ACTIONS.

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").

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 and no comments were received. The instant Motion was thereafter 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.*fn1 The Court will sign the Consent Decree itself concurrently with this Order.

IT IS SO ORDERED.


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