United States District Court, S.D. Mississippi, Southern Division
GUIROLA, JR., UNITED STATES DISTRICT JUDGE
Gulf Restoration Network (hereafter sometimes
“GRN”) is a coalition of environmental, social
justice, citizens' groups, and individuals committed to
protecting and restoring the valuable resources of the Gulf
of Mexico to an ecologically and biologically sustainable
Oscar Renda Contracting, Inc. (sometimes hereafter
“Oscar Renda” or “Oscar Renda
Contracting”) is a Texas corporation authorized to do
and doing business in this district.
purposes of this Consent Judgment, GRN and Oscar Renda will
collectively be referred to as the “Parties”.
Court has jurisdiction over the subject matter herein and the
parties to this action pursuant to 33 U.S.C. § 1365 and
28 U.S.C. §§ 1331 and 1355.
Venue is proper in the United States District Court for the
Southern District of Mississippi, pursuant to 33 U.S.C.
§ 1365, and 28 U.S.C. §§ 1391(b) and 1395(a),
because it is the judicial district in which the matters at
issue occurred. The parties stipulate that facts can be
presented demonstrating that venue is proper in this Court,
and that this Court has proper jurisdiction over this matter.
Complaint in this matter involves issues regarding Clean
Water Act compliance associated with a construction project
sometimes called the Biloxi North Infrastructure Project. The
Parties agree that it is in their mutual interest to enter
into a Consent Judgment that sets forth the terms and
conditions appropriate to resolving this lawsuit.
is the express purpose of the Parties to further the
objectives set forth in section 101 of the Clean Water Act
(“CWA”), 33 U.S.C. § 1251, and to resolve
the Gulf Restoration Network's claims for civil
penalties, injunctive relief, and for attorneys' fees and
costs, as alleged in the Complaint, in a manner consistent
with the public interest, the Clean Water Act, and the
regulations promulgated thereunder.
Consent Judgment constitutes a complete and final release of
all civil claims arising out of the facts and circumstances
giving rise to the Complaint in this matter. The provisions
of this Consent Judgment apply to and are binding on GRN and
Oscar Renda, each of their respective successors and/ or
assigns, officers, agents, servants, employees, and any other
individuals or entities in privity or concert with any of the
foregoing or whose interests were adequately represented by
one of the Parties in connection with this action.
WITH 33 U.S.C. § 1365(c)
Consent Judgment was submitted to the United States
Department of Justice and the Environmental Protection Agency
for the 45-day statutory review period on February 15, 2019,
pursuant to 33 U.S.C. § 1365(c) and 40 C.F.R. §
135.5. On March 25, 2019 the Court received a response from
the Department of Justice and the ...