Notice2026-04825

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

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Published
March 12, 2026

Issuing agencies

Justice Department

Full Text

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<title>Federal Register, Volume 91 Issue 48 (Thursday, March 12, 2026)</title>
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[Federal Register Volume 91, Number 48 (Thursday, March 12, 2026)]
[Notices]
[Page 12221]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04825]


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DEPARTMENT OF JUSTICE


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

    On March 4, 2026, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Western 
District of Washington in the lawsuit entitled United States and the 
State of Washington v. The Boeing Company, et al., Civil Action No. 
2:26-cv-00783.
    The complaint asserts claims under sections 106 and 107(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), 42 U.S.C. 9606 & 9607(a), and the Washington Model Toxics 
Control Act (MTCA), RCW 70A.305.030-70A.305.050, against dozens of 
defendants for performance of response action and payment of response 
costs incurred by the United States and the State to address releases 
of hazardous substances at the Lower Duwamish Waterway Superfund Site, 
in Seattle, Washington. The proposed consent decree requires three 
defendants, The Boeing Company, City of Seattle, and King County, to 
design and perform the remedy EPA selected for the in-water portion of 
the Site, estimated to cost $668 million. One defendant, Continental 
Holdings, Inc., will fund a 1.74% share of the work. The other 
defendants will pay a total of about $130 million. The United States, 
on behalf of several settling federal agencies, will pay $140 million. 
In return, settling defendants and settling federal agencies will 
receive a covenant not to sue under sections 106 and 107 of CERCLA and 
RCW 70A.305.040 of MTCA.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States and the State of Washington v. The 
Boeing Company, et al., D.J. Ref. No. 90-11-3-07227. 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#91e1e4f3f2fefcfcf4ffe5bcf4f4e2bff4ffe3f5d1e4e2f5fefbbff6fee7"><span class="__cf_email__" data-cfemail="19696c7b7a7674747c776d347c7c6a377c776b7d596c6a7d7673377e766f">[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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    Any comments submitted in writing may be filed by the United States 
and the State in whole or in part on the public court docket without 
notice to the commenter.
    During the public comment period, the proposed 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.

Scott Bauer,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2026-04825 Filed 3-11-26; 8:45 am]
BILLING CODE 4410-15-P


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Indexed from Federal Register on March 12, 2026.

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