USA v. Targa Badlands LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER
)
v. 	)
)
Targa Badlands LLC, 	) 	Case No.: 1:24-cr-00216
)
Defendant. 	)
On December 17, 2024, Defendant Targa Badlands LLC (“Defendant”) was charged in an
Information with a violation of the Clean Air Act. (Doc. No. 1).
On the same day, the United States of America (“United States”) filed a Motion to File
Under Seal Criminal Information, Plea Agreement, and Case. (Doc. No. 2). The United States
advises Defendant has separate pending administrative and civil proceedings, which could be
impacted by the public dissemination of the information in the case. Accordingly, the United States
requests the court order the Criminal Information, Plea Agreement, Plea Agreement Supplement,
and the case sealed until January 24, 2025.
Parties are required to seek leave of the court to file documents or motions under seal, as
the 	public 	has 	a 	common-law 	right 	to 	access 	judicial 	records. 	See 	Nixon 	v. 	Warner
Communications, Inc., 435 U.S. 589, 597-98 (1978). The court’s decision to file a document under
seal is a matter left to the discretion of the court. See Webster Groves School District v. Pulitzer
Publishing Company, 898 F.2d 1271, 1376 (8th Cir. 1990). However, when deciding to seal a
document, the court must explain why sealing was necessary, and less-restrictive means were not
appropriate. See In re Search Warrant for Secretarial Area Outside Office of Gunn, 855 F.23d 569,
574 (8th Cir. 1988).
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The United States advises the court that Defendant, its parent, and affiliated entities may
be temporarily suspended if the charging instrument was publicly disseminated, and Defendant’s
separate proceedings may be impacted. The court is persuaded that the temporary sealing of the
requested documents and case is necessary to balance the interests of the Defendant and the public.
Therefore, the United States’ motion is GRANTED. (Doc. No. 2). The above-captioned case,
Criminal Information, Plea Agreement, and Plea Agreement Supplement shall be sealed until
January 24, 2025, at which time the case and documents shall be unsealed for public dissemination.
IT IS SO ORDERED.
Dated this 17th day of December, 2024.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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