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Case 2:21-cv-00114-MLCF-JVM Document 2 Filed 01/19/21 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF LOUISIANA
`NEW ORLEANS DIVISION
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`____________________________________
`THE UNITED STATES OF AMERICA
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`and the LOUISIANA DEPARTMENT OF )
`ENVIRONMENTAL QUALITY,
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`THE DOW CHEMICAL COMPANY,
`UNION CARBIDE CORPORATION, and )
`PERFORMANCE MATERIALS NA, INC., )
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`Defendants.
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`Plaintiffs,
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`v.
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`Civil Action No.
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`2:21-cv-114
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`NOTICE OF LODGING OF CONSENT DECREE PENDING SOLICITATION
`OF PUBLIC COMMENT
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`Plaintiffs the United States of America (United States), by the authority of the Attorney
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`General, and through the undersigned attorneys, acting on behalf of the Administrator of the
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`United States Environmental Protection Agency (EPA), and the Louisiana Department of
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`Environmental Quality (LDEQ), provides notice that the attached, proposed Consent Decree
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`(Exhibit A) is hereby lodged with the Court pending solicitation of public comment by Plaintiffs.
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`The proposed Consent Decree would, if entered by the Court, resolve the Plaintiffs’ claims in
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`this case. As explained below, at this time Plaintiffs respectfully request that the
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`Court not sign the proposed Consent Decree unless and until Plaintiffs file a
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`Motion for Entry.
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`Before the proposed Consent Decree can be finalized, the United States must satisfy
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`requirements regarding public comment. Paragraph 127 of the proposed Consent Decree
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`provides that the United States reserves the right to withdraw or withhold its consent if the
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`Case 2:21-cv-00114-MLCF-JVM Document 2 Filed 01/19/21 Page 2 of 4
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`comments regarding the Consent Decree disclose facts or considerations indicating that the
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`Consent Decree is inappropriate, improper, or inadequate. The United States Department of
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`Justice will publish in the Federal Register a notice that the proposed Consent Decree has been
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`lodged with the Court and soliciting public comment for a period of thirty days. After the close
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`of the comment period, the United States will evaluate any comments received, determine
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`whether any comments disclose facts or considerations which indicate that the proposed Consent
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`Decree is inappropriate, inadequate, or improper, and, subject to the provisions of Paragraph 128
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`of the Consent Decree, advise the Court whether the proposed Consent Decree should be entered.
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`Paragraph 128 of the proposed Consent Decree provides that the LDEQ reserves the right
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`to withdraw or withhold its consent if the comments regarding the Consent Decree disclose facts
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`or considerations indicating that this Consent Decree is inappropriate, improper, or inadequate.
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`The LDEQ will publish notice of this Consent Decree in the newspaper of general circulation
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`and the official journal of the parish in which the Hahnville and Plaquemine Facilities are
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`located, in order to provide for public comment for a period of not less than forty-five days.
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`After the close of the comment period, the LDEQ will evaluate any comments received,
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`determine whether any comments disclose facts or considerations which indicate that the
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`proposed Consent Decree is inappropriate, inadequate, or improper, and in concurrence with the
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`United States, advise the Court whether the proposed Consent Decree should be entered.
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`Until such time that the two public comment periods have lapsed, and any comments
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`received addressed, the Plaintiffs respectfully request that the Court not sign the proposed
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`Consent Decree.
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`Jonathan D. Brightbill
`Principal Deputy Assistant Attorney General
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`Respectfully submitted,
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`
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`2
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`

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`Case 2:21-cv-00114-MLCF-JVM Document 2 Filed 01/19/21 Page 3 of 4
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`OF COUNSEL:
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`Robert Parrish, Attorney-Advisor
`Air Enforcement Division, Office of Civil Enforcement
`United States Environmental Protection Agency, HQ
`Room 2109B
`Mail Code 2242A
`1200 Pennsylvania Avenue, N.W.
`Washington, DC 20460
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`
`
`Environment and Natural Resources Division
`United States Department of Justice
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`
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`/s/ Kirk W. Koester
`Kirk W. Koester
`Trial Attorney
`Environmental Enforcement Section
`Environment and Natural Resources Division
`United States Department of Justice
`P.O. Box 7611
`Washington, DC 20044-7611
`202.514.9009 (office)
`202.532.3272 (mobile)
`kirk.koester@usdoj.gov
`
`Peter G. Strasser
`United States Attorney
`Eastern District of Louisiana
`650 Poydras Street, Suite 1600
`New Orleans, Louisiana 70130
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`
`ATTORNEYS FOR THE UNITED STATES
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`Case 2:21-cv-00114-MLCF-JVM Document 2 Filed 01/19/21 Page 4 of 4
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`FOR THE LOUISIANA DEPARTMENT OF
`ENVIRONMENTAL QUALITY
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`
` /s/ Dwana King
`DWANA KING (La. Bar # 20590)
`Deputy General Counsel
`Office of the Secretary, Legal Affairs Division
`Louisiana Department of Environmental Quality
`P.O. Box 4302
`Baton Rouge, Louisiana 70821-4302
`Phone: 225.219.3985
`Fax: 225.219.4068
`dwana.king@la.gov
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`
`ATTORNEYS FOR THE LOUISIANA
`DEPARTMENT OF ENVIRONMENTAL
`QUALITY
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`4
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`

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