ELR Citation: ELR 20418
No(s). 00-3906 (8th Cir. Jan 24, 2002)

The court affirms a district court decision denying a company's request for an evidentiary hearing and approving and entering a consent decree between the government and settling potentially responsible parties (PRPs) that resolved U.S. cleanup costs incurred at the Des Moines TCE site. The government entered settlement negotiations with several PRPs, but the company chose not to enter negotiations even though it was invited to do so. When the government formally moved to enter the consent decree, the company requested an evidentiary hearing. The court first holds that the district court properly denied the company's motion for an evidentiary hearing. The company was given a meaningful and sufficient opportunity to present arguments and submit evidence. In addition, the company's constitutional claim was without merit because it did not have a right to contribution at the time the government moved for entry of the consent decree. The court next holds that the district court properly entered the consent decree. The government and the settlling PRPs negotiated in good faith, the company made not effort to participate in the negotiations, and the government did not exeed or abuse its authority by offering the settling PRPs contribution protection. Lastly, the court holds that the consent decree was substantially fair, reasonable, and consistent with the Comprehensive Environmental Response, Compensation, and Recovery Act.

Counsel for Plaintiff
Nancy Saunders
McCutchen, Doyle, Brown & Enersen
355 S. Grand Ave., Ste. 4400, Los Angeles CA 90071
(213) 680-6400

Counsel for Defendant
Charles F. Lettow
Cleary, Gottlieb, Steen & Hamilton
1753 N St. NW, Washington DC 20036
(202) 728-2700