`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Civil Action No.1:20-CV-03166-SKC
`
`
`UNITED STATES OF AMERICA,
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`
`
`JOHN RAFTOPOULOS,
`
`DIAMOND PEAK CATTLE COMPANY, LLC,
` a Colorado Limited Liability Company, and
`RANCHO GRECO LIMITED, LLC,
` a Colorado Limited Liability Company.
`
`
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`NOTICE OF LODGING OF PROPOSED CONSENT DECREE
`
`
`
`
`Plaintiff United States of America with this notice lodges with the Court a proposed
`
`consent decree that contains the terms of a proposed settlement of the claims alleged in the
`
`Complaint filed by the United States against John Raftopoulos, Diamond Peak Cattle Company,
`
`LLC, and Rancho Greco Limited Liability (collectively, “Defendants”).
`
`
`
`The United States and Defendants have reached a proposed settlement of all civil claims
`
`for injunctive relief, civil penalties, and damages alleged in the Complaint against Defendants for
`
`violations of Section 301 of the Clean Water Act, 33 U.S.C. § 1311, and sections 302, 303, and
`
`310 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. §§ 1732, 1733 and
`
`1740, concerning property in Sections 33 and 34, Township 10 North, Range 102 West, and
`
`Section 3, Township 9 North, Range 102 West, in Moffat County, Colorado. A copy of the
`
`proposed consent decree is attached to this notice and hereby lodged with the Court.
`
`
`
`1
`
`
`
`Case 1:20-cv-03166-SKC Document 17 Filed 03/18/21 USDC Colorado Page 2 of 4
`
`
`
`The proposed consent decree should not be signed or entered by the Court at this time. In
`
`accordance with the requirements of 28 C.F.R. § 50.7, the proposed consent decree should not be
`
`entered by the Court until after the Department of Justice provides an opportunity to persons who
`
`are not named as parties to the action to comment on the proposed consent decree. Id. The
`
`Department of Justice will receive and consider any written comments relating to the proposed
`
`consent decree. The United States will then make an appropriate motion to the Court.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`JEAN WILLIAMS
`Acting Assistant Attorney General
`Environment and Natural Resources
` Division
`
`
`
`
`
`s/ Alan D. Greenberg
` ___________________________________
`ALAN D. GREENBERG
`Environmental Defense Section
`U.S. Department of Justice
`999 18th St. – Suite 370
`Denver, Colorado 80202
`Phone: (303) 844-1366
`Fax: (303) 844-1350
`E-mail: alan.greenberg@usdoj.gov
`
`
`MATTHEW T. KIRSCH
`Acting United States Attorney
`District of Colorado
`
`s/ Jacob Licht
`_____________________________
`Jacob Licht
`Assistant United States Attorney
`1801 California Street, 16th Floor
`Denver, CO 80202
`Direct: (303) 454-0100
`Fax: (303) 454-0404
`jacob.licht-steenfat@usdoj.gov
`
`
`
`
`
`
`
`
`
`2
`
`
`
`Case 1:20-cv-03166-SKC Document 17 Filed 03/18/21 USDC Colorado Page 3 of 4
`
`
`
`
`
`
`
`
`
`
`OF COUNSEL:
`
`Sheldon H. Muller, Senior Assistant Regional Counsel
`United States Environmental Protection Agency
`Region 8
`1595 Wynkoop St.
`Denver, Colorado 80202
`
`Dated: March 18, 2021
`
`
`
`
`Attorneys for Plaintiff United States
`
`
`
`
`
`
`
`3
`
`
`
`Case 1:20-cv-03166-SKC Document 17 Filed 03/18/21 USDC Colorado Page 4 of 4
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that the foregoing Notice of Lodging of Proposed Consent Decree was
`
`filed on March 18, 2021 through the Court’s CM/ECF system, which will serve all registered
`
`counsel.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`s/ Alan D. Greenberg
`ALAN D. GREENBERG
`
`
`
`
`
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
