Free Order on Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1 :05-cv—00443-GIVIS Document 12 Filed 11/08/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
F OR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, 3
)
and )
)
STATE OF DELAWARE, )
Plaintiff/Irrtervenor, g
v. g Civil Action No. 05-443 GMS
FORMOSA PLASTICS CORPORATION, 3
DELAWARE, )
Defendant. g
ORDER
1. On June 28, 2005, the United States lodged a consent decree with the court that entirely
resolves the matter of F or·mosa’s alleged violations ofthe Clean Air Act ("CAA"), 42 U.S.C.
§ 7401; the Clean Water Act ("CWA"), 33 U.S.C. § 1251; the Resource Conservation and
Recovery Act ("RCRA"), 42 U.S.C. § 6901; the Comprehensive Enviromnental Response,
Compensation and Liability Act ("CERCLA"), 42 U.S.C. §9601; and, the Emergency
Planning and Community Right-to-Know Act ("EPCRA"), 42 U.S.C. § 11001. (D.I. 2, 11.)
The United States provided notice ofthe decree and invited public comment for a period of
30 days. Only one comment was received during that period. (D.I. 11 at B1.) Presently
before the court is United States’ motion requesting the court to approve and enter the
consent decree. (D.I. 11.)
2. Aiter reviewing the consent decree, supplemental memorandum and exhibits, the court

Case 1:05-cv—00443-G|\/IS Document 12 Filed 11/08/2005 Page 2 of 2
believes the consent decree is consistent with the multi-factor analysis laid out by the First
Circuit in United States v. Cannons Eng ’g Corp., 899 F.2d 79 (1st Cir. 1990), which has
been adopted by the Third Circuit. See, e.g., United States v. SEPTA, 235 F.3d 817 (3d Cir.
2000); In re Tutu Water Wells CERCLA Litigation, 326 F.3d 201 (3d Cir. 2003). Therefore,
the court will grant the plaintiffs’ motion. (D.I. 11.)
IT IS HEREBY ORDERED THAT:
The Plaintiffs’ motion to enter consent decree (D.I. 11) be GRANTED.
Dated: November 3 , 2005 ·
UNIT STATES DISTRIC JUDGE
F I L E D
NOV 8 2005
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