LaPant

United States v. LaPant

Good Law
United States District Court, Eastern District of CaliforniaOctober 28, 20222:16-cv-01498California5,111 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 United States of America, No. 2:16-cv-01498-KJM-DB Plaintiff, ORDER v. Roger L. LaPant, et al., 1S Defendants. 16 In this Clean Water Act enforcement action, the United States alleged that Goose Pond 18 Ag, Inc. illegally plowed and leveled protected wetlands. The claims were settled by consent decree. Since then, Goose Pond conveyed the land to Duarte Nursery, Inc. Duarte has moved to intervene, and asks the court to enforce its rights under the consent decree. That claim, however, is not ripe, because the government has not made any final decision subject to challenge under the Administrative Procedure Act (APA). Duarte is joined as a defendant under Federal Rule of 23 Civil Rule 25(c), but its motion to enforce is denied as unripe. 24 I. BACKGROUND This court has reviewed the allegations and evidence behind this litigation in several 26 previous orders filed in this…

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