ELR Citation: ELR 21210
No(s). 91-1887 (8th Cir. Apr 14, 1992)

The court holds that a consent decree settling U.S. claims under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a), Resource Conservation and Recovery Act (RCRA) §7003, and the Federal Priority Statute, against potentially responsible parties (PRPs) for environmental harm from a Jacksonville, Arkansas, hazardous waste site was fair, reasonable, and consistent with CERCLA. A nonsettling PRP of the site challenged a consent decree in an action by the United States and Arkansas, which required settling PRPs to pay $1,840,000 for cleanup costs and $126,000 for natural resources damage studies, structured future payments, and imposed limitations on corporate salaries and debt-to-equity ratio. The court holds that the decree complies with the requirements of CERCLA §122 and does not violate the Attorney General's authority to enter into settlements, because §122, in particular §122(h), does not reveal any clear and unambiguous express limitation of the Attorney General's plenary authority over the control and conduct of litigation in which the United States is a party. The court also holds that the district court did not abuse its discretion in finding the consent decree fair, reasonable, and consistent with CERCLA.

[Prior decisions in this litigation are published at 10 ELR 20709, 15 ELR 20002, and 21 ELR 20925.]

Counsel for Appellees-United States
Carla S. Nelson
U.S. Environmental Protection Agency
401 M St. SW, Washington DC 20460
(202) 260-2090

Counsel for Appellant
Charles Schlumberger
Wright & Lindsey
200 West Capitol Ave., Little Rock AR 72201
(501) 371-0808

Counsel for Appellees
Janie McFarlin
Chisenhell, Nestrud & Julian
400 West Capitol Ave., Ste. 2840, Little Rock AR 72201
(501) 372-5800

Before Lay^* and Wollman, JJ.