EPA v. FAIRCHILD HOLDING CORP, IN RE - CUMBERLAND, MD (NATIONAL CASE)

Case summary

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION III (EPA), IS REQUESTING THAT THE UNITED STATES DEPARTMENT OF JUSTICE (DOJ) FILE A PROOF OF CLAIM IN CONNECTION WITH A CHAPTER 11 BANKRUPTCY ACTION. THE CLAIM ARISES UNDER SECTION 107(a) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED, (CERCLA), 42 U.S.C SECTION 9607(a). EPA IS REQUESTING THAT DOJ FILE A PROTECTIVE PROOF OF CLAIM AGAINST FAIRCHILD HOLDING CORP IN CONNECTION WITH THE LIMESTONE ROAD SITE LOCATED NEAR THE CITY OF CUMBERLAND, ALLEGANY COUNTY, MARYLAND. EPA SEEKS TO RESERVE ITS RIGHT TO ENFORCE A CONSENT DECREE WHICH INCLUDES THE OBLIGATION TO PAY EPA'S FUTURE COSTS. FAIRCHILD HOLDING CORP. IS A SIGNATORY TO THE CONSENT DECREE AT ISSUE; FIARCHILD HOLDING CORP. IS THE SUCCESSOR-IN-INTEREST TO FAIRCHILD INDUSTRIES, INC.

Defendants (1)

• FAIRCHILD HOLDING CORPNamed in complaint

Facilities (1)

• LIMESTONE ROAD

  LIMESTONE RD OFF RTE 51, CUMBERLAND, MD, 21502

  Registry ID: 110009291024

Statutes cited

• CERCLA 107A — Cost Recovery

Timeline (3 milestones)

• 2009-08-12Enforcement Action Data Entered
• 2009-08-12Referred To Dept Of Justice
• 2009-09-14Complaint Filed With Court