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United States v. Browning-Ferris Indus. Chem. Servs., Inc.

Citation: 19 ELR 20838
No. No. 87-317-B, 704 F. Supp. 1355/(M.D. La., 10/18/1988)

The court, in a case involving various environmental statutory violations by a hazardous waste facility in Louisiana, approves a consent decree that requires defendants to donate a portion of its fine to an endowment fund at Louisiana State University (LSU) for the study of hazardous waste issues. The federal government and Louisiana sued defendants under the Clean Air Act, the Comprehensive Environmental Response, Compensation, and Liability Act, the Federal Water Pollution Control Act (FWPCA), the Resource Conservation and Recovery Act (RCRA), and the Louisiana Environmental Quality Act. In settling the Clean Air Act, FWPCA, and RCRA claims, the parties arrived at a consent decree requiring defendants to pay a fine of $ 2 million in civil penalties and $ 500,000 for a research endowment at LSU. The decree also requires defendants to monitor their hazardous waste activities and conduct an independent environmental audit to ensure that they fully comply with applicable regulations. The court holds that the consent decree is fair, adequate, and reasonable.

Counsel for Plaintiff
Richard B. Launey, Ass't U.S. Attorney
500 Camp St., Rm. 210, New Orleans LA 70130
(504) 589-2921

Counsel for Defendants
Robert M. Contois Jr.
Jones, Walker, Waechter, Poitevant, Carriere & DeNegre
Place St. Charles, 201 St. Charles Ave., New Orleans LA 70170
(504) 582-8000