Opinion
2:16-cv-01498-KJM-DB
12-15-2021
UNITED STATES OF AMERICA, Plaintiff, v. ROGER J. LAPANT, JR., et al., Defendants.
CANNATA, O'TOOLE, FICKES & OLSON THERESE Y. CANNATA, MARK P. FICKES, ZACHARY E. COLBETH, Attorneys for Defendant Roger J. LaPant, Jr. TODD KIM Assistant Attorney General, ANDREW J. DOYLE, ANDREW S. COGHLAN Attorneys, United States Department of Justice Environmental and Natural Resources Division Attorneys for Plaintiff United States.
CANNATA, O'TOOLE, FICKES & OLSON THERESE Y. CANNATA, MARK P. FICKES, ZACHARY E. COLBETH, Attorneys for Defendant Roger J. LaPant, Jr.
TODD KIM Assistant Attorney General, ANDREW J. DOYLE, ANDREW S. COGHLAN Attorneys, United States Department of Justice Environmental and Natural Resources Division Attorneys for Plaintiff United States.
STIPULATION AND ORDER TO MODIFY CONSENT DECREE AND SETTLEMENT BETWEEN THE UNITED STATES AND ROGER J. LAPANT, JR. 1
Plaintiff United States of America and Defendant Roger J. LaPant, Jr. hereby stipulate and propose for the Court's approval two specific modifications to the Consent Decree and Settlement between the United States and Roger J. LaPant, Jr., which the Court entered on or about July 1, 2021 (ECF No. 168) (“LaPant CD”).
On December 9, 2021, Mr. LaPant, through counsel, provided information to the United States concerning a personal hardship and a financial matter. He requested an extension of time through and including February 24, 2022, to satisfy his obligation under Paragraph 16 of the LaPant CD, which requires Mr. LaPant to pay a $250,000 civil penalty within 180 days of the Court's entry of the decree; and his obligation under Paragraph 23.b. of the LaPant CD, which requires Mr. LaPant to submit a compensatory mitigation proposal to the Corps of Engineers within 180 days of the Court's entry of the decree.
The United States concurs with Mr. LaPant's request.
This stipulation and proposed order is submitted pursuant to Paragraph 53 of the LaPant CD, which provides: “The terms of this Consent Decree may be modified only by a subsequent written agreement signed by the Parties. Where the modification constitutes a material change to any term of this Consent Decree, it shall be effective only upon the Court's approval.” 2
MODIFICATION OF LAPANT CD
Upon due consideration, the Court approves the parties' stipulation to modify the Consent Decree and Settlement between the United States and Roger J. LaPant, Jr., which the Court entered on or about July 1, 2021 (ECF No. 168) (“LaPant CD”).
Mr. LaPant shall have through and including February 24, 2022, to satisfy his civil penalty payment obligation under Paragraph 16 of the LaPant CD.
Mr. LaPant shall have through and including February 24, 2022, to satisfy his compensatory mitigation proposal obligation under Paragraph 23.b. of the LaPant CD.
In all other respects, the LaPant CD remains unchanged. 3