EPA v. Curtis Papers, Inc.

Case summary

Curtis Papers, Inc., the owner and operator of the Site, an inactive paper manufacturing facility, is in bankruptcy. Curtis Papers, Inc., moved to sell or abandon the Site property. EPA was concerned that abandonment of the property would lead to problems with site security and access. EPA, through DOJ, filed papers opposing abandonment of the property, and requesting that if the Court were to allow abandonment, it also order that EPA be allowed access to the property, and that funds be provided for continued site security. Alternately, in the even of a sale, EPA asked the Court to include language in the order approving the sale protecting EPA's rights. EPA also reserved its right to seek to recover its past costs from the proceeds of sale. International Paper Company and Georgia-Pacific Consumer Products, LP, two potentially responsible parties for the Site, offered to purchase the property for $20,000. No other offers were received and the debtor accepted the offer. The language that EPA requested concerning protection of EPA's rights was included in the Court order approving sale so EPA did not oppose the purchase, and, given the purchase price and other outstanding claims against the purchase price, EPA did not seek to recover its costs from the proceeds of sale. Because the two parties that purchased the Site property are now providing security, have agreed to perform the RI/FS for the Site, and are responsible for the cleanup, EPA's concerns about site security and access have been resolved.

Defendants (1)

• Curtis Papers, Inc.Named in complaint

Facilities (1)

• CURTIS SPECIALTY PAPERS MILFORD MILL

  404 FRENCHTOWN RD, MILFORD, NJ, 08848

  Registry ID: 110002332173

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Curtis Papers, Inc.entered 2009-07-01

  Primary law: CERCLA

Timeline (6 milestones)

• 2009-03-05Referred To Dept Of Justice
• 2009-03-09Enforcement Action Data Entered
• 2009-04-08Complaint Filed With Court
• 2009-06-26Final Order Lodged
• 2009-07-01Final Order Entered
• 2009-07-01Enforcement Action Closed