Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

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Published

January 24, 2025

Issuing agencies

Justice Department

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[Federal Register Volume 90, Number 15 (Friday, January 24, 2025)]
[Notices]
[Pages 8159-8160]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01650]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act

    On January, 17, 2025, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Northern 
District of California, in the lawsuit entitled United States of 
America, ex. Rel., Arthur R. Jahr, III et al., Anthony Smith & Donald 
K. Wadsworth et al. v. Tetra Tech EC Inc, Civil Action No. 3:13-cv-3835 
JD, pertaining to the Hunters Point Naval Shipyard Superfund Site in 
San Francisco, California.
    The Consent Decree resolves the Fifth Cause of Action set forth in 
the United States' Second Amended Complaint filed in the above 
referenced matter (``CERCLA Claim''). The CERCLA Claim asserts that 
response action contractor, Tetra Tech EC (``TtEC''), is liable under 
Section 107(a) of CERCLA as both an operator of the facility at the 
time of the disposal of a hazardous substance, and as a transporter for 
disposal of a hazardous substance at the site. TtEC signed the consent 
decree. TtEC will pay $40 million in response costs. In return, the 
United States agrees not to sue TtEC under sections 106 and 107 of 
CERCLA. The Consent Decree also resolves TtEC's counterclaim against 
Navy pursuant to Section 113(f) of CERCLA seeking contribution, 
equitable allocation of response costs incurred at the site, equitable 
contribution, equitable indemnity and declaratory relief.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States of America, ex. Rel., Arthur R. Jahr, III 
et al., Anthony Smith & Donald K. Wadsworth et al. v. Tetra Tech EC 
Inc, D.J. Ref. No. 90-11-3-12345. All comments must be submitted no 
later than thirty (30) days after the publication date of this notice. 
Comments may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#62121700010d0f0f070c164f0707114c070c1006221711060d084c050d14"><span class="__cf_email__" data-cfemail="ea9a9f88898587878f849ec78f8f99c48f84988eaa9f998e8580c48d859c">[email&#160;protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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[[Page 8160]]

    Any comments submitted in writing may be filed by the United States 
in whole or in part on the public court docket without notice to the 
commenter.
    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. If you require assistance 
accessing the Consent Decree, you may request assistance by email or by 
mail to the addresses provided above for submitting comments.

Scott Bauer,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2025-01650 Filed 1-23-25; 8:45 am]
BILLING CODE 4410-15-P


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