[Federal Register Volume 60, Number 219 (Tuesday, November 14, 1995)]
[Notices]
[Pages 57249-57250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28012]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Settlements Pursuant to the Clean Water Act
and the National Wildlife Refuge Administration Act
In accordance with Departmental Policy, 28 CFR 50.7, notice is
hereby given that two settlements in United States v. Leitheiser, Civil
No. 92-4143 (D.S.D.), were lodged with the United States District Court
for the District of South Dakota, Southern Division, on or about
November 7, 1995.
The first settlement is in the form of a proposed Consent Decree
resolving alleged violations of Clean Water Act section 301(a), 33
U.S.C. 1311(a), and alleged violations of the National Wildlife Refuge
Administration Act, 16 U.S.C. 668dd(c) (``Refuge Act''), by Merle
Hoiten, Merle Hoiten, Jr., and the Hoiten Construction Company
(``Hoitens''). Under the terms of the agreement, the Hoiten defendants
will pay a civil penalty to the United States.
The second settlement is in the form of a Stipulation to Dismiss
resolving alleged violations of the Refuge Act by the Leitheisers.
Under the terms of the Stipulation to Dismiss, the Leitheisers will
perform certain restoration work adjacent to the Hyde Waterfowl
Protection Area (``WPA''), and pay money to the Fish and Wildlife
Service for the maintenance of the Hyde WPA. Any remaining claims would
also be dismissed.
The Department of Justice will receive written comments relating to
the proposed settlements for a period of 30 days from the date of
publication of this notice. Comments should be addressed to Rebecca A.
Lloyd, Esquire, U.S. Department of Justice, Environmental Defense
Section, Suite 945--North Tower, 999 18th Street, Denver, CO 80202,
should refer to United States v. Leitheiser, Civil No. 92-4143
(D.S.D.), and should also make reference to DJ# 90-5-1-1-3600.
The proposed settlements may be examined at the Clerk's Office,
United States District Court for the District of South Dakota, Southern
Division, 400 S.
[[Page 57250]]
Phillips Avenue, Suite 220, Sioux Falls, South Dakota 57102.
Letitia J. Grishaw,
Chief, Environmental Defense Section, Environment and Natural Resources
Division.
[FR Doc. 95-28012 Filed 11-13-95; 8:45 am]
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