Notice2026-11938
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
June 15, 2026
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 91 Issue 114 (Monday, June 15, 2026)</title>
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[Federal Register Volume 91, Number 114 (Monday, June 15, 2026)]
[Notices]
[Pages 36011-36012]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11938]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response Compensation and Liability Act
On June 2, 2026, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Northern
District of Georgia in the lawsuit entitled United States of America
and the State of Georgia Department of Natural Resources v. Gold Creek
Foods, LLC, Civil Action No. 2:26-cv-00177-RWS.
The lawsuit was initiated by a complaint filed by the United States
and the State of Georgia, through its Department of Natural Resources
(the ``Trustees'') in their capacity as the legally designated trustees
for natural resources in Georgia. 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 from Defendant's food processing facility in
Dawsonville, Georgia, pursuant to the federal Comprehensive
Environmental Response, Compensation and Liability Act of 1980.
The Consent Decree resolves the claims of the Trustees against the
Defendant for a total payment of $356,773. Of this amount, $96,274.96
will be paid to the U.S. Department of the Interior to reimburse its
costs assessing the injury to natural resources, $10,497.59 will be
paid to the Georgia Department of Natural Resources to reimburse its
costs assessing the injury to natural resources, $137,831 will be paid
to the Natural Resource Damages Assessment and Restoration Fund managed
by the U.S. Department of the Interior, which will be used for the
implementation of restoration projects in Flat Creek, and the remaining
$112,169 will be paid to the 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 resulting from the release. In addition, the Defendant will
implement a restoration project in Flat Creek to allow fish to pass
upstream and repopulate the upper reaches of Flat Creek. In return for
these payments and restoration activities, the United States and the
State will confer on the Defendant covenants not to sue for natural
resource damages related to the release of hazardous substances 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 Defendant's facility. The restoration
alternatives evaluated in the Restoration Plan are (1) No Action/
Natural Recovery; (2) Defendant-led Fish Passage Improvement Project;
(3) Adaptive Management of Defendant-led Fish Passage Improvement
Project in Flat Creek; (4) Off-site Aquatic Habitat Restoration; and
(5) Mitigation Banking Credit.
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 State of Georgia
Department of Natural Resources v. Gold Creek Foods, LLC, D.J. Ref. No.
90-11-3-12350. 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:
[[Page 36012]]
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To submit comments: Send them to:
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By email............................ <a href="/cdn-cgi/l/email-protection#a9d9dccbcac6c4c4ccc7dd84ccccda87ccc7dbcde9dcdacdc6c387cec6df"><span class="__cf_email__" data-cfemail="3d4d485f5e5250505853491058584e1358534f597d484e595257135a524b">[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>. 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#d0b4b1a6b9b48fa2bfa5a3b590b6a7a3feb7bfa6"><span class="__cf_email__" data-cfemail="d6b2b7a0bfb289a4b9a3a5b396b0a1a5f8b1b9a0">[email protected]</span></a>.
By mail............................. U.S. Fish and Wildlife Service,
Southeast Region, 1875 Century
Blvd. NE, Suite 200, Atlanta, GA
30345, Attn: Draft Restoration
Plan Flat Creek 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 Flat Creek 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/CaseDetails?ID=1394">https://www.cerc.usgs.gov/orda_docs/CaseDetails?ID=1394</a>.
Scott D. Bauer,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2026-11938 Filed 6-12-26; 8:45 am]
BILLING CODE 4410-15-P
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