Duran Construction wetlands settlement lodged, comment period not set

Wetlands enforcement case moves toward settlement

The United States and the State of Alaska have lodged a proposed consent decree resolving federal and state Clean Water Act claims against Duran Construction Company LLC.

The Justice Department's Environment and Natural Resources Division consent-decree page lists a complaint and a consent decree in the matter and shows the public comment period as "To Be Scheduled." The page was updated July 30, 2026. The decree does not take effect unless the U.S. District Court for the District of Alaska enters it after a comment period.

The United States and the State of Alaska are the plaintiffs. The named defendants are Duran Construction Company LLC, Marciano Duran and Josette Duran. The case was filed Dec. 9, 2022, as Case No. 1:22-cv-00091. The cause of action is listed as Section 1319 of the Clean Water Act, its civil enforcement provision.

The docket listing does not include the text of the proposed decree. Its substantive obligations, any civil penalties and any restoration requirements are not available in the material reviewed for this article.

A history of wetlands violations

EPA enforcement records show a longer history, though the supplied material does not establish whether those earlier actions are connected to the allegations resolved by the proposed decree. In 2006 the agency issued an administrative compliance order against Duran Construction for filling wetlands at its Spruce Corners property in Juneau without a permit. The order required the company to submit a wetlands fill removal and wetlands restoration work plan. EPA called that the company's second Clean Water Act violation, following the placement of fill on roughly 3.2 acres of wetlands at the Vista Del Sol Subdivision in November 2001.

"We take protecting wetlands seriously," Marcia Combes, then director of EPA's Alaska Operations Office in Anchorage, said in the 2006 announcement. "One way we do this is by ensuring that the proper permits are in place before work begins."

How to comment

No submission instructions or deadline have been published for this decree. The comment period had not been scheduled as of July 30. Clean Water Act settlements lodged in federal court are typically subject to a public comment period, commonly 30 days from publication of notice, and to final court approval. The Justice Department says that during a public comment period, a consent decree may be examined at and downloaded from its consent-decree website.

The proposed decree is not final and may be modified in response to public comment or court review.

It takes effect only if the court enters it.