FOR IMMEDIATE RELEASE                                    ENR
TUESDAY, DECEMBER 19, 1995                     (202) 616-2777
                                           TDD (202) 514-1888    

STATE OF ALASKA SETTLES FEDERAL CLEAN WATER LAWSUIT REGARDING
                           COPPER RIVER


     WASHINGTON, D.C. -- The Environment and Natural Resources
Division of the U.S. Department of Justice, the U.S. Attorney for
Alaska, and the Alaska District of the U.S. Army Corps of
Engineers (Corps) today announced the filing of a consent decree
with the State of Alaska and the Alaska Department of
Transportation and Public Facilities ("DOT/PF").  The consent
decree resolves violations of the Clean Water Act committed by
DOT/PF during 1991 road construction along the Copper River
between Chitina and Cordova, Alaska. 
     The Environment and Natural Resources Division and the U.S.
Attorney's Office in Anchorage filed the lawsuit on February 26,
1992, on behalf of the Corps.  In the underlying lawsuit, the
Corps alleged that the State had violated the Clean Water Act by
discharging dredged or fill material at approximately 140
separate locations along the Copper River and into various
tributaries and adjacent ponds and wetlands.   
     The consent decree, filed today in U.S. District Court in
Alaska, finalizes a settlement that includes the following terms:
(1) restoration of areas that suffered environmental harm; (2)
development of a program to educate DOT/PF personnel about the
requirements of the Clean Water Act; (3) establishment of an
Environmental Compliance Coordinator or Consultant to coordinate
Clean Water Act permitting issues; (4) a commitment to broadcast
televised public service announcements about the importance of
complying with the Clean Water Act; (5) an admission that DOT/PF
violated the Clean Water Act; (6) an injunction from further
violations of the Clean Water Act; and (7) a civil penalty
totalling $600,000, the majority of which will be assessed
through mutually agreed upon environmental projects designed to
benefit the Copper River watershed.  The settlement makes it
clear that further road work along the Copper River corridor may
now proceed, but only in compliance with federal laws and
regulations, including the Clean Water Act.  
     Robert C. Bundy, U.S. Attorney for Alaska, commented, "I
think this settlement represents a spirit of cooperation between
the State and federal government in addressing environmental
issues.  It shows confidence in the current Alaska State
administration's concern for a balanced approach to environmental
matters.  Both sides had to compromise to accomplish this
settlement.  Now the parties can put this litigation behind them
and use this settlement to help them work more cooperatively."
     Lois J. Schiffer, Assistant Attorney General for the
Environment and Natural Resources Division, said, "This case is
an example of the importance of enforcing the wetlands provisions
of the Clean Water Act to protect pristine locations such as the
area of the Copper River between Chitina and Cordova.  Under the
agreement, the State will take appropriate restoration measures
and will take steps, such as training its workers, to assure that
it will not violate these laws in the future."  
     Colonel Peter A. Topp, Alaska District Engineer for the
Corps, added, "The Clean Water Act prohibits the discharge of
dredged or fill material into waters of the United States,
including the Copper River, its tributaries, and nearby ponds and
wetlands, without a permit issued by the Corps.  This case shows
that those who want to work in such areas must obtain required
approvals and that the laws and regulations designed to protect
those areas must be followed.  I hope that we now can work
together with the State and other parties to prevent similar
violations in the future."
     Trustees for Alaska, a public interest environmental law
firm, along with several other citizens' groups, also had filed a
lawsuit alleging that the State violated the Clean Water Act in
connection with its 1991 work on the route between Chitina and
Cordova.  Those groups are also part of the settlement.
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95-636