EPA v. Burley CD with Brian Tibbets

Case summary

The United States of America ( United States ), on behalf of the Administrator of the U.S. Environmental Protection Agency ( EPA ), filed a complaint in this matter (see ECF No. 1) under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act Of 1980 ( CERCLA ), as amended, seeking reimbursement of response costs incurred for response actions taken at or in connection with the release or threatened release of hazardous substances at the Burley Demolition Asbestos Site in Burley, Cassia County, Idaho (the Site ). The United States alleges that Brian Tibbets (?Settling Defendant?) is a responsible party pursuant to Section 107(a) of CERCLA, 42 U.S.C. ? 9607(a), and is jointly and severally liable for response costs incurred at the Site. By entering into this Consent Decree, the mutual objective of the Parties is for Settling Defendant to make a cash payment to resolve his alleged civil liability for the Site under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, as provided in the Covenants by the United States in Section VIII, and subject to the Reservations of Rights by the United States in Section IX.

Defendants (1)

• Brian TibbetsNamed in complaintNamed in settlement

Facilities (1)

• BURLEY DEMOLITION ASBESTOS SITE

  1222 AND 1226 OVERLAND AVE, BURLEY, ID, 83318

  Registry ID: 110070253797

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Burley CD with Brian Tibbetsentered 2026-07-16

  Primary law: CERCLA

Timeline (5 milestones)

• 2021-12-16Referred To Dept Of Justice
• 2026-05-18Complaint Filed With Court
• 2026-07-16Final Order Lodged
• 2026-07-16Final Order Entered
• 2026-09-21Enforcement Action Data Entered