EPA v. ST. REGIS PAPER CONSENT DECREE (CERCLA)

Case summary

THE U.S. DISTRICT COURT, DISTRICT OF MINNESOTA, ENTERED TWO CONSENT DECREES (CD) RESOLVING CLAIMS AGAINST INTERNATIONAL PAPER COMPANY (IP), BNSF RAILWAY COMPANY (BNSF), AND CASS FOREST PRODUCTS, INC., RELATED TO THE ST. REGIS PAPER COMPANY SUPERFUND SITE, IN CASS LAKE, MINNESOTA. THE CDS RESULT FROM NEGOTIATIONS WITH THE THREE DEFENDANTS FOLLOWING A DEMAND FOR PAYMENT BY REGION 5 ON APRIL 28, 2008, AND SUBSEQUENT REFERRAL TO THE DEPARTMENT OF JUSTICE IN SEPTEMBER 2008. THROUGH DECEMBER 31, 2008, REGION 5 INCURRED INVESTIGATION, CLEAN UP, AND ENFORCEMENT COSTS RELATED TO THIS NATIONAL PRIORITIES LIST SITE, TOTALING APPROXIMATELY $3.9 MILLION. INCLUDING INTEREST ON THIS AMOUNT FROM APRIL 28, 2008 THROUGH APRIL 1, 2009, DOJ AND REGION 5 SOUGHT $4.036 MILLION FROM THE DEFENDANTS. ONE CD RESOLVES THE UNITED STATES’ CLAIMS AGAINST IP AND BNSF UNDER SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) FOR PAST COSTS THROUGH DECEMBER 31, 2008. UNDER THE OTHER CD, THE CFP WILL PAY BASED UPON AN EVALUATION OF CFP’S ABILITY TO PAY AND RESOLVES THE UNITED STATES’ CLAIMS FOR ALL PAST AND FUTURE RESPONSE COSTS.

Defendants (4)

• CASS FOREST PRODUCTSNamed in complaintNamed in settlement
• CITY OF CASS LAKENamed in complaint
• BNSF RAILWAY CORPORATIONNamed in complaintNamed in settlement
• INTERNATIONAL PAPERNamed in complaintNamed in settlement

Facilities (1)

• SAINT REGIS PAPER CO SITE

  2ND STREET SOUTH & CENTRAL AVENUE, CASS LAKE, MN, 56633

  Registry ID: 110000910444

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• ST. REGIS PAPER CONSENT DECREE (CERCLA)entered 2010-11-29

  Primary law: CERCLA

• ST. REGIS PAPER CONSENT DECREE (CERCLA)entered 2010-11-29

  Primary law: CERCLA

Timeline (5 milestones)

• 2008-09-04Referred To Dept Of Justice
• 2008-10-03Enforcement Action Data Entered
• 2010-08-25Complaint Filed With Court
• 2010-08-26Final Order Lodged
• 2010-11-29Final Order Entered