EPA v. Counterclaim Against United Nuclear Corp / NE Churchrock Mine Site

Case summary

On January 11, 2012, the U.S. District Court for the District of New Mexico entered a Past Cost Consent Decree settling an EPA counterclaim against United Nuclear Corporation (“UNC”) in a case filed by the General Electric Company (“GE”) and UNC. In April, 2010, GE, UNC’s indirect corporate parent, and UNC (collectively “GE/UNC”) sued the United States (U.S. Department of Energy and U.S. Department of Interior), seeking contribution with respect to costs associated with the investigation and cleanup of uranium contamination in and around the Northeast Church Rock (“NECR”) Mine Site on the Navajo Nation Tribal Trust land, near Gallup, New Mexico; DOJ filed a counterclaim, for CERCLA Section 107(a), 42 U.S.C. § 9607(a), cost recovery claim and for CERCLA Section 113(g)(2) of CERCLA, 42 U.SC. § 9613(g)(2), declaratory judgment, on behalf of EPA in April 2011. In September 2011, a consent decree was entered that resolved the original GE/UNC complaint. The Past Cost Consent Decree provides for EPA to recover approximately $1.9 million, which represents 100% of all previously unrecovered EPA costs through July 2011 and reserves EPA’s right to recovery costs incurred with respect to the Site after that date.

Defendants (1)

• United Nuclear CorporationNamed in complaintNamed in settlement

Facilities (1)

• NORTHEAST CHURCHROCK MINE SITE

  NORTH END OF STATE HWY 566, CHURCH ROCK, NM, 87311

  Registry ID: 110022266091

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Counterclaim Against United Nuclear Corp / NE Churchrock Mine Siteentered 2012-01-11

  Primary law: CERCLA

Timeline (5 milestones)

• 2010-09-13Referred To Dept Of Justice
• 2010-09-20Enforcement Action Data Entered
• 2011-04-25Complaint Filed With Court
• 2011-11-07Final Order Lodged
• 2012-01-11Final Order Entered