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United States v. El Dorado County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 12, 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

AND ALL RELATED ACTIONS.

ORDER

On April 14, 2010, the United States filed the Motion now before the Court: a request for approval of the government's proposed Partial Consent Decree with the South Tahoe Refuse Company, Inc. ("STR").

The proposed Consent Decree was initially lodged with the Court on February 24, 2010. Notice of Lodging was thereafter published with the Federal Register on March 3, 2010, indicating that the United States would accept comments on the proposed Consent Decree with the City for a period of thirty (30) days. That comment period closed on or about April 2, 2010 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. 376) is GRANTED.*fn1 The Court will sign the Consent Decree itself, lodged on February 24, 2010, concurrently with this Order.

IT IS SO ORDERED.


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