EPA v. Beazer East, Inc. et al.

Case summary

On April 11, 2019, Region 2 unilaterally issued a CERCLA 106 administrative order to twenty-eight potentially responsible parties at the Gowanus Canal Superfund Site in Brooklyn, New York. The order requires those parties to perform several removal activities in preparation for the dredging remedy scheduled to begin in 2020 in the upper Canal, including construction of structural supports at several properties adjacent to the Canal and at two City-owned bridges, and the performance of 10,000 cubic yards of access dredging to construct those supports. In the order, EPA also gives direction to the City of New York, which is one of the PRPs, to ensure that its Environmental Protection and Transportation departments timely review and concur on the structural support designs for the bridges and other critical City infrastructure. On March 3, 2020, Region 2 unilaterally issued an amendment to a 2019 CERCLA 106 administrative order to twenty-eight potentially responsible parties at the Site. The amendment adds an additional property to the original order's list of locations adjacent to the Canal where structural supports are required in preparation for the dredging remedy scheduled to begin in 2020 in the upper Canal. The work under the amendment is estimated to cost $500,000. On September 18, 2020, Region 2 unilaterally issued an amendment to twenty-eight potentially responsible parties at the Site. The amendment requires the construction of two bulkheads which are currently being designed pursuant to the original order and a 2014 Remedial Design order. The bulkheads will provide a portion of the structural support for the second phase of the dredging remedy. The first phase of dredging is targeted to begin in mid-November 2020. The work under the amendment is estimated to cost $10,000,000. On June 8, 2023, a third amendment to the UAO was issued. It extends the work to include the replacement of bulkheads in the second remedial target area. The work is valued at $145 million.

Defendants (28)

• Citigroup, Inc.Named in settlement
• Brooklyn Union Gas Co. d/b/aNational Grid New YorkNamed in settlement
• Brink's Inc.Named in settlement
• Beazer East, Inc.Named in settlement
• City of New YorkNamed in settlement
• Consolidated Edison Co. of New York, Inc.Named in settlement
• Dun and Bradstreet Corp.Named in settlement
• ExxonMobil Oil Corp.Named in settlement
• Hauck Manufacturing Co.Named in settlement
• Hess Corp.Named in settlement
• Honeywell International Inc.Named in settlement
• Kraft Foods Global, Inc.Named in settlement
• MCIZ Corp.Named in settlement
• Fifteen Second Avenue LLCNamed in settlement
• NL Industries, Inc.Named in settlement
• 36-2nd-J Corp.Named in settlement
• 107 Sixth Street LLCNamed in settlement
• MRC Holdings, Inc.Named in settlement
• Northville Industries Corp.Named in settlement
• Phillips 66 Co.Named in settlement
• Puget Sound Commerce Center, Inc.Named in settlement
• Rexam Beverage Can Co.Named in settlement
• SPX Corp.Named in settlement
• Stauffer Management Company, LLCNamed in settlement
• TDA Industries, Inc.Named in settlement
• …and 3 more

Facilities (1)

• GOWANUS CANAL

  BUTLER ST (BETWEEN BOND ST AND NEVINS ST, BROOKLYN, NY, 11231

  Registry ID: 110033604197

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (4)

• Beazer East, Inc. et al.entered 2019-04-11

  Primary law: CERCLA

• Beazer East, Inc. et al.entered 2023-06-08

  Primary law: CERCLA

• Beazer East, Inc. et al.entered 2020-09-18

  Primary law: CERCLA

• Beazer East, Inc. et al.entered 2020-03-03

  Primary law: CERCLA

Timeline (2 milestones)

• 2019-04-17Enforcement Action Data Entered
• 2023-06-08Final Order Issued