UNITED STATES v. ABF FREIGHT SYSTEM, INC.

Civil No. 2:23-cv-02039-PKH.

UNITED STATES OF AMERICA, LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY, THE STATE OF MARYLAND, and THE STATE OF NEVADA, Plaintiffs, v. ABF FREIGHT SYSTEM, INC., Defendant.

United States District Court, W.D. Arkansas.

September 14, 2023.


Attorney(s) appearing for the Case

FOR THE UNITED STATES OF AMERICA:

TODD KIM , Assistant Attorney General, Environment and Natural Resources Division U.S. Department of Justice.

MICHAEL T. DONNELLAN , Senior Attorney, Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice Washington, DC.

DAVID CLAY FOWLKES , United States Attorney, Western District of Arkansas.

CANDACE L. TAYLOR , Assistant U.S. Attorney/Civil Chief, Western District of Arkansas, U.S. Attorney's Office, Fort Smith, AR.

FOR THE U.S. ENVIRONMENTAL PROTECTION AGENCY:

ROSEMARIE A. KELLEY , Director, Office of Civil Enforcement Office of Enforcement and Compliance Assurance U.S. Environmental Protection Agency, Washington, DC.

BENJAMIN BAHK , Director, Water Enforcement Division Office of Civil Enforcement Office of Enforcement and Compliance Assurance U.S. Environmental Protection Agency, Washington, DC.

CATHLEEN G. TIERNEY , Attorney Advisor, LAURA K. WELLES , Attorney Advisor Office of Civil Enforcement Office of Enforcement and Compliance Assurance U.S. Environmental Protection Agency, Washington, DC.

FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY:

CELENA CAGE , Assistant Secretary Office of Environmental Compliance Louisiana Dept. of Environmental Quality.

JAY L. GLORIOSO , Trial Attorney, Jill C. CLARK , General Counsel Office of the Secretary Legal Affairs Division Louisiana Dept. of Environmental Quality, Baton Rouge, LA.

FOR THE STATE OF MARYLAND:

ANTHONY G. BROWN , Attorney General of Maryland.

JULIE KUSPA . Assistant Attorney General Maryland Department of the Environment. Baltimore, MD.

FOR THE STATE OF NEVADA:

AARON D. FORD , Nevada Attorney General.

KATIE S. ARMSTRONG , Deputy Attorney General Nevada Attorney General's Office, Carson City, NV.

FOR ABF FREIGHT SYSTEM, INC.:

Seth Runser , President, ABF Freight System, Inc.


CONSENT DECREE

WHEREAS, Plaintiff, United States of America, on behalf of the United States Environmental Protection Agency ("EPA"), has filed a Complaint in this action concurrently with this Consent Decree alleging that ABF Freight System, Inc. ("ABF") violated the Clean Water Act ("CWA"), 33...

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