[Federal Register Volume 73, Number 224 (Wednesday, November 19, 2008)]
[Notices]
[Page 69678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27444]


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DEPARTMENT OF JUSTICE


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. Apex 
Energy, Inc. et al., Civil No. 7:08-cv-00213, was lodged with the 
United States District Court for the Eastern District of Kentucky on 
November 13, 2008.
    This proposed Consent Decree concerns a complaint filed by the 
United States against Apex Energy, Cambrian Coal Corporation, and 
Marshall Resources, Inc., pursuant to section 301(a) of the Clean Water 
Act, 33 U.S.C. 1311(a), to obtain injunctive relief and impose civil 
penalties against the Defendants for violating the Clean Water Act by 
discharging fill material without a permit into waters of the United 
States. The proposed Consent Decree resolves these allegations by 
requiring the Defendants to pay a civil penalty. In addition, 
Defendants have agreed to make a payment to the Kentucky Department of 
Fish and Wildlife Resources' Stream and Wetlands Mitigation Program 
which would be used for stream restoration and enhancement projects on 
private lands in Kentucky. 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 Paul Cirino, U.S. Department of Justice, Environment & 
Natural Resources Division, Environmental Defense Section, P.O. Box 
23986, Washington, DC 20026-3986 and refer to United States v. Apex 
Energy, Inc. et al., DJ 90-5-1-1-17714.
    The proposed Consent Decree may be examined at the Clerk's Office, 
United States District Court for the Eastern District of Kentucky, 260 
West Vine Street, Suite 300, Lexington, Kentucky 40507-1671. In 
addition, the proposed Consent Decree may be viewed at http://www.usdoj.gov/enrd/Consent_Decrees.html.

Stephen Samuels,
Assistant Chief, Environmental Defense Section, Environment & Natural 
Resources Division.
[FR Doc. E8-27444 Filed 11-18-08; 8:45 am]
BILLING CODE 4410-CW-P