Notice2025-10509
Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act
Primary source
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Published
June 10, 2025
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 90 Issue 110 (Tuesday, June 10, 2025)</title>
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[Federal Register Volume 90, Number 110 (Tuesday, June 10, 2025)]
[Notices]
[Page 24415]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10509]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On June 3, 2025, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the District
of Idaho in the lawsuit entitled United States, et al. v. Nu-West
Mining Inc. and Nu-West Industries, Inc., Civil Action No. 4:25-cv-
00287-AKB.
The proposed Consent Decree would resolve claims the United States
has brought against defendants pursuant to Sections 106 and 113(g) of
the Comprehensive Environmental Response, Compensation, and Liability
Act, 42 U.S.C. 9606, and 9613(g), as amended by the Superfund
Amendments and Reauthorization Act of 1986 (``CERCLA'') regarding the
East Mill Dump Sub-Operable Unit (``EMDSOU'') at the North Maybe Mine
Site in Idaho. The Decree would also resolve claims by the State of
Idaho (``State'') and Shoshone-Bannock Tribes (``Tribes''), pursuant to
CERCLA Section 107 and 113(g)(2), seeking recovery of response costs
incurred in response to releases of hazardous substances at the Site
and a judgment on liability for response costs that will be binding on
any subsequent action or actions to recover further response costs
pursuant to Sections 107 and 113(g)(2) of CERCLA, 42 U.S.C. 9607,
9613(g)(2).
Under the Consent Decree, Defendants will perform response actions
at the EMDSOU pursuant to the September 1, 2022, Interim Record of
Decision. Defendants will also pay funds for oversight costs to the
State, Tribes and the United States Fish and Wildlife Service. In
exchange, the United States will provide covenants not to sue or to
take administrative action against defendants pursuant to Sections 106
and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a) for the Work. The
State and the Tribes also provide covenants not to sue or take
administrative action against defendants regarding the Work, State
Response Costs, and Tribal Response Costs under any of Sections 106 and
107(a) of CERCLA, the Idaho Environmental Protection & Health Act,
Idaho Code secs. 39-101 to 39-130, the Hazardous Waste Management Act
of 1983, Idaho Code secs. 39-4401 to 39-4432, and the Idaho Water
Quality Act, Idaho Code secs. 39-3601, et seq. Defendants provide
corresponding covenants to the United States.
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, et al. v. Nu-West Mining Inc., et al.,
4:25-cv-00287-AKB, D.J. Ref. No. #90-11-3-1776/10. 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#c5b5b0a7a6aaa8a8a0abb1e8a0a0b6eba0abb7a185b0b6a1aaafeba2aab3"><span class="__cf_email__" data-cfemail="41313423222e2c2c242f356c2424326f242f3325013432252e2b6f262e37">[email protected]</span></a>.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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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 Proposed Consent Decree, you may request assistance by
email or by mail to the addresses provided above for submitting
comments.
Kathryn C. Macdonald,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2025-10509 Filed 6-9-25; 8:45 am]
BILLING CODE 4410-11-P
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