EPA v. Special Metals Corporation

Case summary

Special Metals Corporation is obligated to perform remedial action for the second operable unit at the Ludlow Site pursuant to a consent decree with NYSDEC entered in U.S District Court. Debtor filed a voluntary petition in Chapter 11 bankruptcy in March 2002. NYSDEC issued a Record of Decision with EPA concurrence on March 31, 2003 for O.U.2 at the Ludlow Site. Debtor objected to the selected remedy as being too costly and invoked dispute resolution under the consent decree. On May 5, 2003, Debtor filed a complaint against the United States and other parties seeking a declaratory judgment that certain environmental claims, including the requirement for it to implement the remedy for O.U.2 at the Ludlow Site, are dischargeable in the bankruptcy proceedings. The United States maintains the injunctive relief requirement to implement the O.U.2 remedy is not dischargeable in bankruptcy. The United States filed a Protective Proof of Claim on June 20, 2003 to recover anticipated costs of response in the event that the bankruptcy court determines that the obligation is dischargeable in the bankruptcy proceedings.

Defendants (1)

• Special Metals CorporationNamed in complaintNamed in settlement

Facilities (1)

• LUDLOW SAND & GRAVEL

  HOLMANN CITY RD, PARIS, NY, 13456

  Registry ID: 110013977713

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Special Metals Corporationentered 2006-07-06

  Primary law: CERCLA

Timeline (6 milestones)

• 2003-05-08Referred To Dept Of Justice
• 2003-06-20Complaint Filed With Court
• 2003-07-01Enforcement Action Data Entered
• 2006-07-06Concluded
• 2006-07-06Final Order Entered
• 2006-07-06Final Order Lodged