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. Union Pacific Railroad Co.

United States District Court, D. Oregon

March 26, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
UNION PACIFIC RAILROAD COMPANY, Defendant.

          ALSO.FOR PLAINTIFF UNITED STATES OF AMERICA, ALLYN STERN, ·STEPHANIE MAIRS

          FOR PLAINTIFF UNITED STATES OF AMERICA, NATHANIEL DOUGLAS, MICHAEL J. ZEVENBERGEN

          FOR THE DEFENDANT, DAVID P. YOUNG

          STIPULATION OF SETTLEMENT AND JUDGMENT

         WHEREAS Plaintiff United States of America, on behalf of the United States Environmental Protection Agency ("EPA"), has filed a complaint in this action, alleging that Defendant Union Pacific Railroad Company (Defendant) violated Sections 301(a) and 311(b) of the Federal Water Pollution Control Act of 1972 (the "Clean Water Act" or "CWA"), 33 U.S.C. § 1311(a), 1321(b). The United States's Complaint alleges that on September 12, 2014, a locomotive owned and operated by Defendant collided with a derail device in Salem, Oregon, resulting in discharges of diesel, in violation of the CWA.

         WHEREAS Defendant and the State of Oregon, on behalf of Oregon Department of Environmental Quality, will separately resolve in an administrative order alleged violations of Oregon law resulting from the same discharges of oil addressed in this Stipulation of Settlement and Judgment ("Judgment").

         WHEREAS the United States and Defendant (the "Parties") agree that it is in the public interest to resolve this matter without litigation and have negotiated this Judgment in good faith to avoid expensive and protracted litigation and to avoid the risks inherent in such litigation.

         WHEREAS Defendant and Packaging Corporation of America have executed, prior to the execution of this Judgment, an agreement satisfactory to the State of Oregon pertaining to Defendant's additional cleanup responsibilities for oil spilled from Defendant's locomotive on September 12, 2014;

         NOW THEREFORE, the Parties, by and through the undersigned, agree and stipulate as follows:

         1. This Court has jurisdiction over the subject matter of this action, pursuant to 28 U.S.C. §§ 1331, 1345, and 1355, and Section 311(b)(7)(E) of the CW A, 33 U.S.C. § 1321(b)(7)(E), and over the Parties. The United States's Complaint states a claim on which relief may be granted.

         2. Venue lies in this District pursuant to Section 311(b)(7)(E) of the CWA, 33 U.S.C. § 1321(b)(7)(E), and 28 U.S.C. §§ 1391(b) and (c) and 1395(a), because the violations alleged in the Complaint are alleged to have occurred in, Defendant conducts business in, and the penalties sought accrued in, this judicial district.

         3. The obligations of this Judgment apply to and are binding upon the United States and upon Defendant and any successors, assigns, or other entities or persons otherwise bound by law.

         4. Within ten business days of entry by this Court of this Judgment, Defendant shall take the following actions to pay civil penalties totaling $95, 000 for violations of the Clean Water Act alleged in the Complaint and violations of Oregon law addressed in a separate administrative order between the State of Oregon and Defendant, as follows:

a. As a civil penalty to the United States, Defendant shall pay $47, 500 to the United States by FedWire Electronic Funds Transfer (EFT) to the U.S. Department of Justice in accordance with written instructions to be provided to Defendant, following entry of the Judgment, by the Financial Litigation Unit of the U.S. Attorney's Office for the District of Oregon. At the time of payment, Defendant shall send a copy of the EFT authorization form and the EFT transaction record, which shall state that the payment is for the civil penalty owed pursuant to the Judgment in United States v. ...

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.