Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Ergon Refining, Inc.

United States District Court, S.D. Mississippi, Northern Division

January 25, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ERGON REFINING, INC. and MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff-Intervenors, and ERGON-WEST VIRGINIA, INC., Defendants.

          ORDER

          HENRY T. WINGATE, UNITED STATES DISTRICT JUDGE

         Before this court is the Joint Unopposed Motion to Terminate Consent Decree filed by Defendants Ergon Refining, Inc. (“ERI”) and Ergon-West Virginia, Inc. (“EWVI”), the Plaintiff the United States of America, and Plaintiff-Intervenors the West Virginia Department of Environmental Protection and the Mississippi Commission on Environmental Quality, an agency of the state of Mississippi (collectively, “the Movants”). The parties also filed a Memorandum in Support of the Joint Unopposed Motion to Terminate Consent Decree.

         The Defendant ERI operates a refinery at Vicksburg, Mississippi, and EWVI operates a refinery at Newell, West Virginia. Plaintiff and Plaintiff-Intervenors sought civil penalties and injunctive relief from the Defendants ERI and EWVI, collectively referred to as “Ergon.” The parties jointly move for termination of the Consent Decree entered on December 31. 2003 [doc. no. 12], in the above-captioned matter. The facts as stipulated by the parties in their joint motion are as follows.

         I. STATEMENT OF FACTS

         “On December 31, 2003, this Court entered the Ergon Consent Decree (Dkt. No. 12), resolving the United States' and the Plaintiff-Intervenors' claims for civil penalties and injunctive relief for alleged violations of the Clean Air Act at the Vicksburg Refinery and the Newell Refinery. Paragraph 81 of the Ergon Consent Decree establishes the requirements for termination of the Consent Decree, and states as follows:

Provisions of this Consent Decree relating to EWV and/or ERI, as applicable, shall be subject to termination upon motion by the United States or EWV and/or ERI (under the conditions identified in Paragraph 81.C). EWV and/or ERI, as applicable, must have satisfied all of the following requirements of this Consent Decree:
i. installation of control technology systems as specified in this Consent Decree;
ii. achieving compliance with all provisions contained in this Consent Decree;
iii. paying all penalties and other monetary obligations due under the terms of the Consent Decree; no penalties or other monetary obligations due hereunder can be outstanding or owed to the United States, West Virginia, or Mississippi;
iv. the completion of the projects set forth in Paragraphs 24 - 25;
v. the receipt of permits incorporating the surviving emission limits and standards established under Section V [Affirmative Relief/ Environmental Projects];
vi. EPA's receipt of the first calendar quarterly progress report following the conclusion of the operation for at least one year of each unit in compliance with the emission limits established herein; and
vii. EWV and ERI has certified compliance and completion pursuant to Paragraph 81.A.i-vi and 81.B.i.-iv, to the United States and the Applicable State Agency in writing.

         Paragraph 81 of the Consent Decree also establishes the process for its ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.