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

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Published

May 21, 2026

Issuing agencies

Justice Department

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<title>Federal Register, Volume 91 Issue 98 (Thursday, May 21, 2026)</title>
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[Federal Register Volume 91, Number 98 (Thursday, May 21, 2026)]
[Notices]
[Pages 29985-29986]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10173]


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DEPARTMENT OF JUSTICE


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

    On May 18, 2026, 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 v. Diconia, LLC, et. 
al., Civil Action No. 4:25-cv-7-AKB (D. Idaho).
    The United States seeks reimbursement of response costs under 
Section 107 of the Comprehensive Environmental Response, Compensation, 
and Liability Act (``CERCLA'') concerning the Burley Demolition 
Asbestos Site (``Site''), located in the City of Burley, Cassia County, 
Idaho.
    Under the Proposed Consent Decree, Brian Tibbets (``Settling 
Defendant'') agrees to pay $10,000 plus interest to reimburse Past 
Response Costs incurred by the United States Environmental Protection 
Agency (``EPA'') related to the Site. In exchange, Settling Defendant 
will receive contribution protection and covenants not to sue under 
Sections 107(a) and 113 of CERCLA, 42 U.S.C. 9607(a) and 9613, for 
EPA's Past Response Costs at the Site.
    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 v. Diconia, LLC, et. al., Civil Action 
No. 4:25-cv-7-AKB, D.J. Ref. No. 90-11-3-12616. All comments

[[Page 29986]]

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 e-mail...........................  <a href="/cdn-cgi/l/email-protection#4636332425292b2b2328326b232335682328342206333522292c68212930"><span class="__cf_email__" data-cfemail="64141106070b0909010a10490101174a010a1600241117000b0e4a030b12">[email&#160;protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 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.

Scott Bauer,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2026-10173 Filed 5-20-26; 8:45 am]
BILLING CODE 4410-15-P


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