You're viewing Docket Item 97 from the case USA v. Norfolk Southern Railway Company. View the full docket and case details.

Download this document:




1:08-cv-01707-MBS Date Filed 03/08/10 Entry Number 97 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

AIKEN DIVISION

United States of America,

Plaintiff,

v.

Norfolk Southern Railway Company,

Defendant.

)
)
)
)
)
)
)
)
)

C.A. 1:08-CV-01707-MBS

REQUEST THAT COURT TAKE NO ACTION AT THIS TIME

NOTICE OF LODGING AND

Plaintiff, the United States of America (“United States”), on behalf of the United

States Environmental Protection Agency (“EPA”), respectfully lodges with this Court a proposed

Consent Decree (“proposed Decree”) in the above-captioned matter.

The proposed Decree would resolve the liability of Defendant Norfolk Southern

Railway Company with regard to the United States’ claims under the Clean Water Act,

33 U.S.C. §§ 1251–1387, and the Comprehensive Environmental Response, Compensation and

Liability Act, 42 U.S.C. §§ 9601–9675(c) (“CERCLA”), as asserted in the United States’

Amended Complaint [Docket # 34].

Pursuant to Section XIX of the proposed Decree, before entry of the proposed

Decree by the Court, the proposed Decree must be lodged with the Court, and notice of lodging

must be published in the Federal Register. The United States withholds approval of the proposed

Decree pending publication of notice of the proposed Decree in the Federal Register for public

review and comment as provided in the proposed Decree. Thirty days after publication of the

-1-

1:08-cv-01707-MBS Date Filed 03/08/10 Entry Number 97 Page 2 of 2

Notice in the Federal Register, the United States will inform the Court of its views regarding any

comments that may be received and, if it believes that entry of the proposed Decree remains

warranted, the United States will at that time move the Court for entry of the proposed Decree.

WHEREFORE, the United States respectfully requests that this Court receive

the proposed Decree for lodging only, and that it abstain from acting upon the same until

the thirty (30) day period (from publication in the Federal Register) for public comment

has expired and the United States has moved for entry of the proposed Decree.

Respectfully submitted,

KEVIN F. McDONALD
Acting United States Attorney
District of South Carolina

/s/ R. Emery Clark
R. EMERY CLARK (Fed. I.D. #1183)
Assistant United States Attorney
Wachovia Building, Suite 500
1441 Main Street
Columbia, SC 29201
(803) 929-3085

By:

/s/ Davis H. Forsythe
PATRICIA L. HURST
DAVIS H. FORSYTHE
ANGELA MO
Trial Attorneys
Environmental Enforcement Section
Environment and Natural Resources Division
United States Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611

-2-