Notice is hereby given that a proposed Consent Decree in United States, et al. v. XTO Energy, Inc., Civil Action No. 1:14-cv-00218-IMK, was lodged with the United States District Court for the Northern District of West Virginia, Clarksburg Division, on December 22, 2014.
This proposed Consent Decree concerns a complaint filed by the United States and the State of
West Virginia against XTO Energy, Inc., pursuant to Section 301(a) of the Clean Water Act, 33 U.S.C. 1311(a), and the West Virginia Water Pollution Control Act, W.Va. Code Chapter 22, Article 11, et seq., to obtain injunctive relief from, and impose civil penalties on, the Defendant in connection with alleged discharges of pollutants at various locations in Harrison, Marion and Upshur Counties in West Virginia
and for violating the Clean Water Act by discharging pollutants without a permit into waters of the United States. The proposed Consent Decree resolves these allegations by requiring the Defendant to restore the impacted areas and/or perform mitigation and to pay a civil penalty.
Comments and information requests about the proposed Consent Decree should be addressed to the Office of Legal Services, West Virginia Department of Environmental Protection, 601 57th Street SE, Charleston, WV 25304. Comments may also be submitted electronically to: DEP.Comments@ wv.gov. The proposed Consent Decree may be viewed at the Clerk’s Office, United States District Court for the Northern District of West Virginia, Clarksburg Division, 500 West Pike Street, Room 301, Clarksburg, WV 26302. In addition, the proposed Consent Decree may be examined electronically at: http://www.justice. gov/enrd/Consent_
Times: January 13, 2015