DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS & ST. JOHN 
 
 
UNITED STATES OF AMERICA,   
 
                   Plaintiff, 
v. 
 
GOVERNMENT OF THE VIRGIN ISLANDS, VIRGIN 
ISLANDS PORT AUTHORITY, VIRGIN ISLANDS 
WASTE MANAGEMENT AUTHORITY, JOSEPH 
HODGE, ZULMA HODGE,  
 
                 Defendants. 
 
 
 
 
 
 
Civ. No. 10-48 
 
ATTORNEYS: 
Myles E. Flynt 
Rachel Evans King 
Mark Gallagher 
United States Department of Justice 
Washington, DC 
 
For the plaintiff United States of America, 
 
Mathew C. Phelan 
Samuel A. Walker 
Ariel Marie Smith-Francois 
Pamela R. Tepper 
V.I. Department of Justice 
St. Thomas, V.I. 
John Fehrenbach 
Winstron & Strawn LLP 
Washington, DC 
 
For the defendant Government of the Virgin Islands, 
 
Don C. Mills 
Virgin Islands Port Authority 
St. Thomas, V.I. 
 
For the defendant Virgin Islands Port Authority, 
 
Iver A. Stridiron 
Virgin Islands Waste Management Authority 
Christiansted, V.I. 
Kelvin Lambert Vidale 
Frederiksted, V.I. 
 
For the defendant Virgin Islands Waste Management Authority 
Case: 3:10-cv-00048-CVG-RM   Document #: 139   Filed: 08/01/16   Page 1 of 4
United States v. Government of the Virgin Islands et al. 
Civil No. 10-48 
Order 
Page 2 
 
 
 
 
 
Henry C. Smock 
Kyle R. Waldner 
Quintairos, Prieto, Wood & Boyer, P.A. 
St. Thomas, V.I. 
 
For the defendants Joseph Hodge and Zulma Hodge 
 
ORDER 
GÓMEZ, J. 
 
The Anguilla landfill was established in 1966 and covers 30 
acres on St. Croix.  The Bovoni landfill was established in 1979 
and covers 30 acres on St. Thomas.  The Waste Management 
Authoriy (“WMA”) operates both landfills.   
 
On May 21, 2010, the United States filed a complaint 
against the owners and operators of the landfills.1  The 
complaint stated that the defendants had failed to comply with 
the Clean Air Act (“CAA”) and the Resource Conservation and 
Recovery Act (“RCRA”).  Some of these violations dated back to 
the year 2000.  
 
On March 19, 2012, the United States filed with the Court a 
proposed consent judgment settling all claims involving the 
Bovoni landfill (the “Bovoni Consent Decree”).  On December 21, 
2012, the Court approved the Bovoni Consent Decree.   
 
On February 27, 2013, the United States filed with the 
Court a proposed consent judgment settling all claims involving 
                     
1 An amended complaint was filed on November 22, 2010. 
Case: 3:10-cv-00048-CVG-RM   Document #: 139   Filed: 08/01/16   Page 2 of 4
United States v. Government of the Virgin Islands et al. 
Civil No. 10-48 
Order 
Page 3 
 
 
 
 
 
the Anguilla landfill (the “Anguilla Consent Decree”).  On March 
12, 2013, the Court approved the Anguilla Consent Decree.    
The Consent Decrees sets forth various reforms designed to 
remedy environmental problems at the Bovoni and Anguilla 
landfills.  Many reforms are yet to be implemented.   
The Court held a hearing on this matter on March 23, 2016.  
At that hearing, the parties presented evidence regarding the 
defendants’ attempts, or lack thereof, to comply with the 
Consent Decrees. During the hearing, the Court voiced its 
intention to have this matter reviewed on a quarterly basis as 
the Court does in United States v. Government of the Virgin 
Islands, Civil No. 2008-158, a consent decree case involving the 
Virgin Islands Police Department.    
The premises considered, it is hereby 
ORDERED that the Bovoni Consent Decree and the Anguilla 
Consent Decree are each hereby AMENDED to include a new 
Paragraph, which shall be designated Paragraph 109 in the Bovoni 
Consent Decree and which shall be designated paragraph 113 in 
the Anguilla Consent Decree.  The new paragraph shall read as 
follows:  
Quarters shall end on the first Friday of May, 
August, November, and February of each calendar 
year. Any proposed quarterly goals shall be 
submitted to the Court no later than ten (10) weeks 
before the end of the quarter in which those goals 
are to be accomplished.  
Case: 3:10-cv-00048-CVG-RM   Document #: 139   Filed: 08/01/16   Page 3 of 4
United States v. Government of the Virgin Islands et al. 
Civil No. 10-48 
Order 
Page 4 
 
 
 
 
 
 
Experts’ reports, to the extent any such reports 
shall be prepared, shall be filed no later than 
the second Tuesday of May, August, November, and 
February. Each party shall file a report regarding 
the progress made towards the achievement of any 
quarterly goals for the quarter that has ended by 
the third Tuesday of May, August, November, and 
February. 
 
An evidentiary hearing shall be held on the fourth 
Tuesday of May, August, November, and February 
unless otherwise ordered by the Court. At the 
hearing, the parties shall be prepared to present 
such testimony and evidence as are necessary to 
apprise the Court fully of the status of the 
Consent Decree. 
 
The failure of a party to achieve a quarterly goal 
accepted by the Court may result in a finding of 
contempt. 
 
 
It is further 
 
ORDERED that an evidentiary hearing in this matter is 
hereby SCHEDULED to commence promptly at 9:00 a.m. on August 23, 
2016. 
 
 
S\ 
 
 
 
 
 
 
CURTIS V. GÓMEZ 
 
District Judge 
Case: 3:10-cv-00048-CVG-RM   Document #: 139   Filed: 08/01/16   Page 4 of 4