EPA v. Lava Cap Mine / Elder-Newmont

Case summary

This Referral requests that a civil action be filed pursuant to Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9607(a), as amended, to recover past and future response costs incurred or to be incurred by the United States Environmental Protection Agency ( EPA ) in responding to the Lava Cap Mine Superfund Site (“Site”) located in Nevada County, California. EPA seeks this relief from: 1) Stephen P. Elder, as a current owner of the Site; 2) Elder Development, Inc. ( EDI ), Mr. Elder's private company, which also is a current owner of the Site; and 3) Sterling Centrecorp Inc. ( Sterling ), a Canadian corporation, as the successor to the Lava Cap Gold Mining Corporation, a former owner and operator of the Site.

Defendants (5)

• Newmont Mining Corp of Canada LtdNamed in complaintNamed in settlement
• Newmont Mining Capital LimitedNamed in complaintNamed in settlement
• Sterling Centrecorp Inc.Named in complaint
• Elder Development, Inc.Named in complaint
• Stephen ElderNamed in complaint

Facilities (1)

• LAVA CAP MINE

  14501 LAVA CAP MINE RD, NEVADA CITY, CA, 95959

  Registry ID: 110009268719

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Lava Cap Mine / Newmont Mining Consent Decreeentered 2009-02-23

  Primary law: CERCLA

Timeline (5 milestones)

• 2008-02-05Referred To Dept Of Justice
• 2008-04-03Enforcement Action Data Entered
• 2008-09-12Complaint Filed With Court
• 2008-09-12Final Order Lodged
• 2009-02-23Final Order Entered