Notice2025-17942
Notice of Lodging of Proposed Consent Decree
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 17, 2025
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 90 Issue 178 (Wednesday, September 17, 2025)</title>
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[Federal Register Volume 90, Number 178 (Wednesday, September 17, 2025)]
[Notices]
[Page 44847]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17942]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree
On September 12, 2025, the Department of Justice lodged a proposed
Consent Decree (``Decree'') with the United States District Court for
the District of New Jersey in the lawsuit entitled City of Vineland v.
Vineland Ice and Storage, LLC, et al., Civil Action No. 1:22-cv-2444-
CPO-MJS.
This is a tax foreclosure action by the City of Vineland for 544 E
Pear Street in Vineland, New Jersey (``the Property''). The City named
the United States as a defendant because the United States holds a lien
on the Property to secure payment for costs incurred by the
Environmental Protection Agency (``EPA'') in connection with EPA's
response to hazardous substances at the South Jersey Ice and Cold
Storage Superfund Site on the Property. The lien is pursuant to Section
107(l)(1) of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C.
9607)(l)(1), and is recorded in the Cumberland County Clerk's Office in
Book 4181 of Mortgages for said county at page 7587 (the ``CERCLA
Lien''). The United States removed the City's state-court action to
federal district court in April 2022.
The proposed Decree will allow the City of Vineland to continue
seeking a foreclosure judgment to obtain ownership of the Property
without affecting the CERCLA Lien. The CERCLA Lien will remain on the
Property until EPA's response costs are satisfied or the United States
files a release. Under the Consent Decree, the United States agrees it
will not seek judicial sale of the Property under 28 U.S.C. 2410(c) or
foreclose on the Property under Section 107(l)(4) of CERCLA, 42 U.S.C.
9607(l)(4). In return, if the City decides to sell the property, it
must pay the United States the lesser of $981,871.27 or the net sales
proceeds of the Property. And if the City considers using the property
for income-generating purposes, the City must notify EPA and EPA will
be entitled to a percentage of the future income until its costs are
satisfied.
The publication of this notice opens a period for public comment on
the proposed Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to City of Vineland v. Vineland Ice and Storage, LLC, et
al., D.J. Ref. No. 90-11-3-12363. 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#2e5e5b4c4d4143434b405a034b4b5d004b405c4a6e5b5d4a414400494158"><span class="__cf_email__" data-cfemail="87f7f2e5e4e8eaeae2e9f3aae2e2f4a9e2e9f5e3c7f2f4e3e8eda9e0e8f1">[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 proposed Decree may be
examined and downloaded at this Justice Department website: <a href="https://www.justice.gov//decrees">https://www.justice.gov//decrees</a>. If you require assistance accessing the
proposed Decree, you may request assistance by email or by mail to the
addresses provided above for submitting comments.
Eric D. Albert,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2025-17942 Filed 9-16-25; 8:45 am]
BILLING CODE 4410-15-P
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</html>Indexed from Federal Register on September 17, 2025.
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