Pollution control; consent judgments: Yules, Sarah,

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Federal Register: July 29, 1998 (Volume 63, Number 145)NoticesPage 40541-40542From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr29jy98-98

DEPARTMENT OF JUSTICE

Notice of Preliminary Approval of Settlement Agreement

In accordance with 28 CFR 50.7(b), notice is hereby given that a proposed

[Page 40542]Settlement Agreement in Sarah Yules v. United States of America, Civil Action No. 95-10256-WGY (D. Mass.), was preliminarily approved by the United States District Court for the District of Massachusetts on June 19, 1998. Final approval of the proposed Settlement Agreement is subject to the requirements of 28 CFR 50.7.

In this case, Plaintiffs Sarah Yules and Sandra Faxon, acting for themselves and on behalf of proposed class of persons in the Town of Mashpee, Massachusetts, whose drinking water supplies had been contaminated or threatened by pollutants allegedly emanating from the Massachusetts Military Reservation, Barnstable County, Massachusetts (``MMR''), filedsuit in 1995 against, among others, the United States Department of Defense and the United States National Guard Bureau (``the federal defendants''). The suit asserted claims under the Comprehensive Environmental Response, Compensation, and Liability Act, the Resource Recovery and Conservation Act, the Federal Clean Water Act, the Federal Tort Claims Act, and state law. Plaintiffs sought, among other things, an injunction requiring the federal defendants to abate any endangerment caused by the alleged discharge of pollutants from the MMR by connecting class members to the public water supply.

The United States and Plaintiffs have now reached agreement on the terms of a settlement of the claims in this case. The Department of Justice will receive written comments on the proposed Settlement Agreement for a period of 30 days from the date of publication of this notice. Comments should be addressed to Joshua E. Swift, U.S. Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, P.O. Box 23986, Washington, DC 20026, and refer to Sarah Yules v. United States of America, Civil Action No. 95-10246-WGY (D. Mass.), DJ# 90-11-3-1506.

The Settlement Agreement may be examined at the Clerk's Office, United States District Court for the District of Massachusetts, 90 Devonshire Street, Room 607, Boston, Massachusetts (617-223-9152), or at the offices of Plaintiffs' counsel, Shapiro, Haber & Urmy, 75 State Street, Boston, Massachusetts (617-439-3939). Letitia J. Grishaw, Chief, Environmental Defense Section, Environmental & Natural Resources Division.

FR Doc. 98-20259Filed7-28-98; 8:45 amBILLING CODE 4410-15-M

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