EPA v. White King/ Lucky Lass

Case summary

The White King/Lucky Lass Superfund site ( Site ) was pre-referred in January of 2002 to the Department of Justice for initiation of negotiation of a consent decree for remedial design/remedial action with Kerr-McGee, Fremont Lumber, Western Nuclear (Primary PRPs) and the Coppin Trust. Detailed information regarding this Site and the potentially responsible parties is contained in the pre-referral. EPA, in coordination with DOJ, the U.S. Forest Service and the State of Oregon initiated RD/RA Consent Decree negotiations on June 27, 2002. After receipt of an inadequate offer and numerous calls and meetings, EPA terminated negotiations and issued a Unilateral Order to the Primary PRPs demanding performance of RD/RA. To date, the Primary PRPs performance of remedial design has been insufficient and late. In addition, the Primary PRPs have refused to perform any remedial action activities, which has resulted in their failure to submit the Interim Remedial Action Report and failure to perform the Interim Remedial Action scheduled for the summer/fall of 2003. EPA requests that DOJ file an action against the Primary PRPs for failure to comply with the Unilateral Order issued on November 29, 2002. This action would request injunctive relief for performance of the required actions in compliance with the UAO, payment of penalties for failure to comply with the UAO and payment of all costs associated with the UAO. Related claims may be filed by the EPA, the U.S. Forest Service and the State of Oregon for recovery of past and future costs

Defendants (5)

• WhiteKing / Lucky LasNamed in complaint
• Fremont LumberNamed in complaintNamed in settlement
• Western NuclearNamed in complaintNamed in settlement
• Coppin TrustNamed in complaint
• Kerr-McGeeNamed in complaintNamed in settlement

Facilities (1)

• WHITE KING& LUCKY LASS URANIUM MINES

  37S/19E/S30, LAKEVIEW, OR, 97630

  Registry ID: 110064803075

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• White King/ Lucky Lassentered 2006-01-20

  Primary law: CERCLA

  Federal penalty: $50,000 · SEP: $100,000

Timeline (8 milestones)

• 2002-01-31PRN Sent
• 2003-09-30Referred To Dept Of Justice
• 2003-09-30Referred To Headquarters
• 2003-09-30Enforcement Action Data Entered
• 2004-01-12Complaint Filed With Court
• 2005-10-14Final Order Lodged
• 2006-01-20Concluded
• 2006-01-20Final Order Entered