RECENT FEDERAL DECISIONS

August 2008

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Fifth Circuit Affirms Stipulated Order Regarding Consent Decree as Implementing a Remedy Rather than Modifying the Consent Decree
U.S. v. Alcoa, Inc., ___F.3d___

The Fifth Circuit affirmed a District Court order wherein the government and defendant Alcoa agreed to give Alcoa more time than that agreed to in a consent decree to build a new power plant and commence operations, but enforced other more stringent aspects of the construction and operations requirements. The Fifth Circuit affirmed the District Court’s actions and held that: (1) the District Court’s actions were a remedy to the violation of the consent decree and not a modification; (2) the stipulated order maintained most obligations of the comprehensive requirements and strengthened some others; and (3) the court did not abuse its discretion in implementing the new remedy.