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

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Published

April 10, 2026

Issuing agencies

Justice Department

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<title>Federal Register, Volume 91 Issue 69 (Friday, April 10, 2026)</title>
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[Federal Register Volume 91, Number 69 (Friday, April 10, 2026)]
[Notices]
[Pages 18484-18485]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06975]


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DEPARTMENT OF JUSTICE


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

    On April 3, 2026, the Department of Justice lodged a proposed 
consent decree with the United States Bankruptcy Court District of New 
Jersey in In re: Whittaker, Clark & Daniels, Inc., et al., Case No. 23-
13575 (MBK), which is a Chapter 11 bankruptcy case filed on April 26, 
2023 by Debtors Whittaker, Clark and Daniels, Inc. and three 
affiliates: Brilliant National Services, Inc., L.A. Terminals, Inc., 
and Soco West, Inc.
    The proposed consent decree will resolve pending objections filed 
by the United States and other environmental creditors to a proposed 
bankruptcy settlement between Debtors and certain alleged successors to 
Debtors' liability, including DB US Holding Corporation, Brenntag North 
America, and the National Indemnity Company (``NICO''), which is a 
subsidiary of Berkshire Hathaway, Inc. The United States, in 
coordination with other environmental creditors, objected to the 
proposed bankruptcy settlement on several grounds, including that it 
underestimated environmental liabilities under the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA'') at 
the Lockwood Solvent Superfund Site in Yellowstone County, Montana, the 
Omega Chemical Superfund Site in Whittier, California, and the Cooper 
Drum Superfund Site in South Gate, California. The proposed consent 
decree resolves these objections and related CERCLA cost recovery 
claims as well as certain claims from other environmental creditors, 
stipulates to an allowed general unsecured bankruptcy claim, and 
provides for a cash payment by NICO for environmental cleanup costs and 
establishment of an environmental response trust.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments

[[Page 18485]]

should be addressed to the Assistant Attorney General, Environment and 
Natural Resources Division, and should refer to In re: Whittaker, Clark 
& Daniels, Inc., et al., Case No.: 23-13575 (MBK), D.J. Ref. No. 90-11-
3-12869. 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#2b5b5e49484446464e455f064e4e58054e45594f6b5e584f4441054c445d"><span class="__cf_email__" data-cfemail="3f4f4a5d5c5052525a514b125a5a4c115a514d5b7f4a4c5b505511585049">[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 
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.

Jason A. Dunn,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2026-06975 Filed 4-9-26; 8:45 am]
BILLING CODE 4410-CW-P


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