EPA v. NEW BEDFORD HARBOR SITE

Case summary

On May 4, 2023, EPA's Supplemental Consent Decree with Cornell Dubilier Electronics, Inc. (CDE) regarding the New Bedford Harbor Superfund Site, in New Bedford, Massachusetts (the Site) became effective. The U.S. District Court for the District of Massachusetts previously approved and entered the Supplemental Decree on March 21, 2023. Under the final Supplemental Decree, CDE will pay $4 million to resolve Plaintiffs' claims under the unknown conditions/new information reopener provision in a 1992 Consent Decree with CDE for the Site. The settlement with CDE for New Bedford Harbor is part of a simultaneous global settlement with CDE for both New Bedford Harbor and for the Woodbrook Road Dump Superfund Site in New Jersey, involving EPA-Region 2. Based on CDE's limited ability-to-pay, the company is paying a total of $8 million, plus interest, to resolve claims at both Sites. On May 4, 2023, the U.S. District Court for the District of New Jersey approved and entered the Woodbrook Road Consent Decree. Because the Supplemental Decree and the Woodbrook Road CD are reciprocal settlements, when the Woodbrook Road CD was entered, the Supplemental Decree became effective. The areas surrounding New Bedford Harbor, including parts of the City of New Bedford and the Town of Fairhaven, qualify as environmental justice communities of concern. Region 1 referred a Cost Recovery action to DOJ to reopen the 1992 Consent Decree with Cornell-Dubilier Electronics.

Defendants (1)

• Cornell-Dubilier ElectronicsNamed in complaintNamed in settlement

Facilities (1)

• NEW BEDFORD HARBOR SITE OU1

  103 SAWYER ST, NEW BEDFORD, MA, 02746

  Registry ID: 110044972704

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• NEW BEDFORD HARBOR SITE (OU1)entered 2023-05-04

  Primary law: CERCLA

Timeline (5 milestones)

• 2018-07-31Referred To Dept Of Justice
• 2018-08-28Enforcement Action Data Entered
• 2022-05-31Final Order Lodged
• 2022-05-31Complaint Filed With Court
• 2023-05-04Final Order Entered