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`UNITED STATES DISTRICT COURT
`DISTRICT OF SOUTH CAROLINA
`ROCK HILL DIVISION
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` ___________________________________
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` UNITED STATES OF AMERICA, )
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` ) C/A No.: 0:21-cv-02053-SAL
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` Plaintiff,
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` ) NOTICE OF LODGING OF CONSENT
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`v.
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` ) DECREE
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` NEW INDY CATAWBA, LLC,
` ) REQUEST THAT THE COURT TAKE
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` ) NO ACTION UNTIL A MOTION FOR
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` Defendant.
` ) ENTRY IS FILED
` ___________________________________)
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`The United States of America respectfully lodges with the Court a proposed Consent
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`Decree. Exhibit 1.
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`The proposed Consent Decree is contingent upon a public comment period, so the United
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`States requests that the Court not sign the Consent Decree until the United States files a Motion
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`for Entry. Pursuant to Paragraph 81 of the proposed Consent Decree, and in accordance with the
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`procedures of 28 C.F.R. § 50.7, the public will have 30 days in which to submit comments to the
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`United States Department of Justice on the proposed Consent Decree. The 30-day period will begin
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`on the date notice of the lodging of the proposed Consent Decree is published in the Federal
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`Register. If, after reviewing the public comments, the Department of Justice concludes that the
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`proposed Consent Decree should be entered, the United States will inform the Court of any public
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`comments received and any responses thereto and will move for entry of the Consent Decree as a
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`final order of the Court.
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`Plaintiff therefore respectfully requests that this Court receive the proposed Decree for
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`lodging only and that it abstain from acting upon the Consent Decree until the period for public
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`1
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`0:21-cv-02053-SAL Date Filed 12/29/21 Entry Number 27 Page 2 of 2
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`comment has expired and the Plaintiff has moved for entry of the proposed Consent Decree.
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` Respectfully submitted,
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` COREY F. ELLIS
` UNITED STATES ATTORNEY
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` By: /s/ Johanna Valenzuela
` Johanna C. Valenzuela
` Assistant United States Attorney
` Federal Bar No. 11130
` United States Attorney’s Office
` District of South Carolina
` Telephone: (803) 929-3122
` E-mail: johanna.valenzuela@usdoj.gov
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` TODD KIM
` Assistant Attorney General
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` STEVEN O’ROURKE
` Environmental Enforcement Section
` Environment and Natural Resources Division
` U.S. Department of Justice
` P.O. Box 7611 Washington, D.C. 20044-7611
` (202) 514 2779
` Mass. Bar # 565493
` steve.orourke@usdoj.gov
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` OF COUNSEL:
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` Marirose J. Pratt
` Associate Regional Counsel
` U.S. Environmental Protection Agency, Region 4
`December 29, 2021
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