[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Page 5837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01633]



Notice of Lodging Proposed Consent Decree

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States v. Porter, 
Civil Action No. 4:09-cv-170-SEB-DML, was lodged with the United States 
District Court for the Southern District of Indiana, New Albany 
Division, on January 18, 2013.
    This proposed Consent Decree concerns a complaint filed by the 
United States against Wesley Porter, Wes Porter Development Company, 
LLC, Temple and Temple Excavating and Paving, Inc., and Robert Jason 
Shumate, pursuant to Sections 309 and 404 of the Clean Water Act, 33 
U.S.C. 1319 and 1344, to obtain injunctive relief from the Defendants 
for violating the Clean Water Act by discharging pollutants without a 
permit into waters of the United States. The proposed Consent Decree 
resolves these allegations by requiring the Defendants to restore the 
impacted areas and/or to perform mitigation.
    The Department of Justice will accept written comments relating to 
this proposed Consent Decree for thirty (30) days from the date of 
publication of this Notice. Please address comments to Perry M. Rosen, 
United States Department of Justice, Environment and Natural Resources 
Division, P.O. Box 7611, Washington, DC 20044, and refer to United 
States v. Porter, DJ  90-5-1-1-18341.
    The proposed Consent Decree may be examined at the Clerk's Office, 
United States District Court for the Southern District of Indiana, 121 
West Spring Street, New Albany, IN 47150. In addition, the proposed 
Consent Decree may be examined electronically at http://www.justice.gov/enrd/Consent_Decrees.html.

Cherie L. Rogers,
Assistant Section Chief, Environmental Defense Section, Environment and 
Natural Resources Division.
[FR Doc. 2013-01633 Filed 1-25-13; 8:45 am]