DERR-2024-008206

BRETT L. TOLMAN (#8821), United States Attorney
DANIEL D. PRICE (#2646), Assistant United States Attorney
185 South State Street, Suite 300
Salt Lake City, UT 84111
[phone] (PHONE) [phone] (FAX)
[e-mail]
JEREL (“JERRY”) L. ELLINGTON (Pro hac vice)
Senior Counsel, Environmental Enforcement Section
United States Department of Justice
1961 Stout Street, 8th Floor
Denver, CO 80294
[phone] (PHONE) [phone] (FAX)
[e-mail]
Attorneys for the United States of America
MARK L. SHURTLEFF (#4666), Utah Attorney General
FRED G NELSON (#2383), Assistant Attorney General
160 East 300 S, 5th Floor
Salt Lake City, Utah 84114
[phone] (PHONE) [phone] (FAX)
[e-mail]
Attorneys for the State of Utah
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
UNITED STATES OF AMERICA, and
STATE OF UTAH,
Plaintiffs,
vs.
KENNECOTT UTAH COPPER
CORPORATION,
Defendant
Case No. 2:07-cv-00485-DAK
Judge Dale A. Kimball
JOINT STIPULATION TO CORRECT
A CITATION REFERENCE IN THE CONSENT DECREE
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The United States of America, on behalf of the U.S. Environmental Protection Agency,
the State of Utah, on behalf of the Utah Department of Environmental Quality, and Kennecott
Utah Copper Corporation stipulate and agree that a citation in the Consent Decree lodged with
this Court on July 9, 2007 (the “Decree”) should be corrected as follows. The reference in
Paragraph 109 of the Decree (at p. 91) to 40 C.F.R. § 300.435(c)(2)(B)(ii) is outdated and should
be changed to 40 C.F.R. § 300.435(c)(2)(ii) (2007). The reason for this change is set forth in the
Governments’ Memorandum in Support of Motion to Enter and Approve Consent Decree at 39 -
40 and n. 8.
Respectfully submitted,
RONALD J. TENPAS
Assistant Attorney General
Environment and Natural Resources Division
/s/ Jerry Ellington
JEREL (“JERRY”) L. ELLINGTON
Senior Counsel
Environmental Enforcement Section
U.S. Department of Justice
1961 Stout Street, 8th Floor
Denver, CO 80294
[phone] (PHONE)
[phone] (FAX)
[e-mail]
- 3 -
BRETT L. TOLMAN
United States Attorney
District of Utah
DANIEL D. PRICE
Assistant United States Attorney
District of Utah
185 South State Street, Suite 400
Salt Lake City, UT 84111
[phone] (PHONE)
[phone] (FAX)
[e-mail]
Attorneys for the United States
MARK L. SHURTLEFF (#4666)
Utah Attorney General
/s/ Fred G Nelson
(Signed by Filing Attorney with Permission)
FRED G NELSON (#2383)
Assistant Attorney General
160 East 300 S, 5th Floor
Salt Lake City, Utah 84114
[phone] (PHONE)
[phone] (FAX)
[e-mail]
Attorneys for the State of Utah
/s/ Michael Zody
(Signed by Filing Attorney with Permission)
HAL J. POS
MICHAEL A. ZODY
Parsons Behle & Latimer
One Utah Center
201 South Main Street, Suite 1800
P. O. Box 45898
Salt Lake City, UT 84145-0898
[phone] (PHONE)
[phone] (FAX)
Attorneys for Kennecott Utah Copper Corporation
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CERTIFICATE OF SERVICE
I hereby certify that on April 17, 2008, a copy of the foregoing JOINT STIPULATION
TO CORRECT A CITATION REFERENCE IN THE CONSENT DECREE was served on
the following persons by the following means:
1 - 2 CM/ECF
Hand Delivery
2- 4 Mail
_____ Overnight Delivery Service
_____ Fax
E-Mail
1. Clerk, U.S. District Court
2. Michael A. Zody
Parsons Behle & Latimer
One Utah Center
201 South Main Street, Suite 1800
Salt Lake City, UT 84111
Attorneys for Defendant
3. Kenneth R. Barrett
Kennecott Utah Copper Corporation
8291 West 3595 South
Magna, UT 84044-6001
Attorney for Defendant
4. Stephen G Homer
2877 W 9150 S
West Jordan, UT 84088
Attorney for Thomas A. Belchak and Reynaldo B. Pinacate
/s/
JEREL (“JERRY”) L. ELLINGTON
Senior Counsel
Environmental Enforcement Section
U.S. Department of Justice
1961 Stout Street, 8th Floor
Denver, CO 80294