EPA v. Tronox LLC

Case summary

EPA has spent more than $117 million to clean up creosote contamination from a former wood treatment facility. EPA seeks the recovery of it response costs from Tronox LLC, the successor to the CERCLA liability at the site. Therefore, EPA is referring a cost recovery action to DOJ. The supplemental referral seeks to add a Federal Debt Collection Procedures Act claim against the existing PRP, Tronox LLC and against a new party, Anadarko Petroleum Company, alleging fradulent conveyance. Another supplemental referral was signed on June 30, 2009, adding Lehigh Valley Railroad as a PRP. This is associated with the CERCLA 107 claim for response costs incurred. Complaint in Intervention - amended complaint - fradulent conveyance. Lehigh Valley Railroad - DOJ declined to file. On August 29, 2008, the United States on behalf of EPA filed a cost recovery action under CERCLA against Tronox LLC in Federal District Court in New Jersey. On January 12, 2009, Tronox and affiliated entities filed for bankruptcy. EPA subsequently filed a proof of claim based on the August 29, 2008 action in the bankruptcy court. On August 26, 2009, the United States, along with all parties to the August 29, 2008 action stipulated that this case be administratively terminated.

Defendants (4)

• Tronox LLCNamed in complaintNamed in settlement
• Anadarko Petroleum Company (Kerr-McGee Worldwide)Named in settlement
• Kerr-McGee CorporationNamed in settlement
• Tronox Worldwide LLCNamed in settlement

Facilities (1)

• FEDERAL CREOSOTE SUPERFUND SITE

  172-216 EAST CAMPLAIN ROAD, MANVILLE, NJ, 08835

  Registry ID: 110071099858

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Tronox LLCentered 2009-08-26

  Primary law: CERCLA

Timeline (8 milestones)

• 2006-03-06Referred To Dept Of Justice
• 2006-03-09Enforcement Action Data Entered
• 2008-08-29Complaint Filed With Court
• 2009-02-18Supplemental Referral-Adding parties, counts
• 2009-04-13Final Order Lodged
• 2009-06-15Amended Complaint
• 2009-06-30Supplemental Referral-Adding parties, counts
• 2009-08-26Final Order Entered