USA v. Case, et al

Page 1 – OPINION & ORDER
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE DIVISION
UNITED STATES OF AMERICA,
Plaintiff, No. 6:16-cv-00328-AA
v. OPINION & ORDER
WILLIAM CASE; BILL CASE FARMS
INC.; CASE FAMILY, LLC,
Defendants.
_______________________________________
AIKEN, District Judge.
This case comes before the Court on a Joint Motion to Terminate Consent
Decree filed on October 9, 2026. ECF No. 105.
The United States filed the Complaint in this case on February 23, 2016, under
Sections 309(b) and (d) of the Clean Water Act (“CWA”), 33 U.S.C. §§ 1319(b) and (d),
to obtain injunctive relief and civil penalties against Defendants for the discharge of
pollutants to waters of the United States without a CWA permit in violation of CWA
Section 301(a), 33 U.S.C. § 1311(a). The alleged violations occurred in 2009, 2012,
and 2013 in Linn County, Oregon, near the confluence of the North Santiam River
and the South Santiam River.
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Page 2 – OPINION & ORDER
On April 8, 2020, the United States filed a proposed Consent Decree to resolve
the claims in this action. ECF No. 102. The Court granted the motion on May 30,
2020, and entered the Consent Decree on May 31, 2020. ECF Nos. 103, 104.
Defendants’ principal obligations under the Consent Decree were (1) to pay a
joint civil penalty of $100,000 to the United States pursuant to 33 U.S.C. § 1319(d);
(2) to complete restoration and mitigation activities outlined in Appendix B to the
Consent Decree; and (3) to execute and deliver to the Linn County, Oregon Clerk’s
Office a Declaration of Environmental (Restrictive) Covenant for areas subject to the
restoration and mitigation activities. Consent Decree ¶¶ 16, 20-21. The parties agree
that those and all other terms of the Consent Decree have been fulfilled.
The parties represent that Defendants paid $50,000 of the civil penalty to the
United States on August 5, 2020, and paid the remaining $50,000 with interest on
May 28, 2021. Joint Mot. ¶ 3(a).
Defendants have performed “extensive restoration and mitigation work in
accordance with Appendix B of the Decree” and “have submitted annual reports to
the U.S. Environmental Protection Agency (‘EPA’) detailing the status of its work,”
and that the EPA has confirmed that all work has been completed with site visits,
with the most recent site visit in July 2026. Joint Mot. ¶ 3(b).
On June 30, 2020, Defendants recorded a certified copy of the Consent Decree
and executed and delivered a Declaration of Environmental (Restrictive) Covenant
with the Linn County, Oregon Clerk’s Office as required by the Consent Decree. Joint
Mot. ¶ 3(c).
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Page 3 – OPINION & ORDER
Paragraph 47 of the Consent Decree provides that, with the exception of
Paragraph 21, the Consent Decree may be terminated by a joint motion to the Court.
The parties agree that the provisions of Paragraph 21 of the Consent Decree endure
and are not subject to termination. Joint Mot. ¶ 4.
Upon review of the record and consistent with the terms of the Consent Decree,
the Joint Motion to Terminate Consent Decree, ECF No. 105, is GRANTED and, with
the exception of Paragraph 21, which endures and is not subject to termination, the
Consent Decree, ECF No. 104, is TERMINATED.
It is so ORDERED and DATED this ____ day of October 2026
ANN AIKEN
United States District Judge
15th
/s/Ann Aiken
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