Notice2026-04906
Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response Compensation and Liability Act
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
March 13, 2026
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 91 Issue 49 (Friday, March 13, 2026)</title>
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[Federal Register Volume 91, Number 49 (Friday, March 13, 2026)]
[Notices]
[Pages 12448-12449]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04906]
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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 6, 2026, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Middle
District of Pennsylvania in the lawsuit entitled United States of
America and the The Commonwealth of Pennsylvania v. Rutgers Organics
LLC, Civil Action No. 4:26-cv-00560-MWB.
The lawsuit was initiated by a complaint filed by the United States
and the Commonwealth of Pennsylvania (the ``Trustees'') in their
capacity as the legally designated trustees for natural resources in
Pennsylvania. The complaint alleged, inter alia, that the Defendant was
liable for damages for injury to, destruction of, or loss of natural
resources resulting from the release of hazardous substances at and
from the Centre County Kepone Site (the ``Site'') in College Township,
Centre County, Pennsylvania, pursuant to the federal Comprehensive
Environmental Response, Compensation and Liability Act of 1980 and the
Pennsylvania Hazardous Site Cleanup Act.
The Consent Decree resolves the claims of the Trustees against the
Defendant for a total payment of $795,263. Of this amount, $618,060
will be paid into the United States' Natural Resource Damages
Assessment and Restoration Fund managed by the U.S. Department of the
Interior, which will reimburse the Department's natural resource
damages assessment activities and fund projects aimed at restoring the
injured natural resources at the Site. The remaining $177,203 will be
paid to the Commonwealth of Pennsylvania to reimburse the
Commonwealth's natural resource damages assessment costs. In addition,
under Commonwealth oversight the Defendant will construct a parking lot
and a trail to facilitate public fishing access in Spring Creek at a
location near the Site, and it will ensure the recordation of a
conservation easement on property adjoining Spring Creek to facilitate
water quality restoration efforts. In return for these payments and
restoration activities, the United States and the Commonwealth will
confer on the Defendant covenants not to sue for natural resource
damages known or reasonably ascertainable as of the date of lodging of
the Consent Decree.
In accordance with CERCLA, the Trustees have also written a draft
Restoration Plan that described proposed alternatives for restoring the
natural resources and natural resource services injured by the release
of hazardous substances from the Site. The restoration alternatives
evaluated in the Restoration Plan are (1) No Action/Natural Recovery;
(2) Conservation Easement and Angler Access at NRDAR Property; (3)
Future Repair and Maintenance of Existing In-Stream Structures along
NRDAR Property; (4) Additional Land Conservation In Spring Creek
Watershed; and (5) Additional Restoration Projects within Spring Creek
Watershed.
The publication of this notice opens a period for public comment on
the proposed Consent Decree and the draft Restoration Plan.
Comments on the proposed Consent Decree should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States of America and the The Commonwealth
of Pennsylvania v. Rutgers Organics LLC, D.J. Ref. No. 90-11-3-1436/4.
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#34444156575b5959515a40195151471a515a4650744147505b5e1a535b42"><span class="__cf_email__" data-cfemail="49393c2b2a2624242c273d642c2c3a672c273b2d093c3a2d2623672e263f">[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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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>.
[[Page 12449]]
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.
Comments on the draft Restoration Plan may be submitted to the
Trustees 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#dc9fbdaeaeb5b983beb0bdb7b9afb0b9b99cbaabaff2bbb3aa"><span class="__cf_email__" data-cfemail="3d7e5c4f4f5458625f515c56584e5158587d5b4a4e135a524b">[email protected]</span></a>.
By mail............................. USFWS, 110 Radnor Road, Suite 101,
State College, PA 16801, Attn:
Draft Restoration Plan Centre
County Kepone NRDAR.
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All comments must be submitted no later than thirty (30) days after
the publication date of this notice. If emailing, please include
``Draft Restoration Plan Centre County Kepone NRDAR'' in the subject
line. During the public comment period, a copy of the draft Restoration
Plan will be available electronically at: <a href="https://www.cerc.usgs.gov/orda_docs/DocHandler.ashx?task=get&ID=13160">https://www.cerc.usgs.gov/orda_docs/DocHandler.ashx?task=get&ID=13160</a>.
Jason A. Dunn,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2026-04906 Filed 3-12-26; 8:45 am]
BILLING CODE 4410-15-P
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