United States of America v. Matthew R. Anchordoguy, Anchordoguy and Company Limited Partnership, John M. Barlow
Published: Aug. 30, 2014 | Result Date: Aug. 12, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-00848-MCE-CMK Settlement – $1,095,000
Court
USDC Eastern
Attorneys
Plaintiff
Andrew J. Doyle
(U.S. Department of Justice)
Defendant
Robert P. Soran
(Downey Brand LLP)
Facts
The United States of America filed a complaint against Mathew R. Anchordoguy, Anchordoguy and Co. LP, and John M. Barlow.
Contentions
PLAINTIFF'S CONTENTIONS:
The United States alleged that defendants violated the Clean Water Act by discharging pollutants into waters of the United States in Tehama County, while the defendants were preparing to plant olive and walnut orchards.
DEFENDANTS' CONTENTIONS:
Defendants denied the allegations made of the complaint.
Result
The parties entered a consent decree in settlement of the claims made in the complaint. Pursuant to the consent decree, defendants agreed to pay $300,000 in civil penalties to the United States. The defendants also agreed to pay $795,000 to the Nature Conservancy in order to mitigate the ecological function losses resulting from the allegations of the complaint. Also, pursuant to the consent decree, defendants were enjoined from discharging any pollutants in certain waters unless they complied with the Clean Water Act. Furthermore, under the consent decree, defendants were enjoined from dredging or excavating certain lands without first obtaining a proper permit.
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