ELR Citation: ELR 20181
No(s). 85-0571-CIV (S.D. Fla. Aug 14, 1989)

The court holds that a draft settlement agreement with potentially responsible parties under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not binding on the United States. The court first holds that though the parties nearly reached agreement before the Justice Department announced its withdrawal, no settlement agreement had actually been attained. Justice Department regulations require the Deputy Attorney General to approve settlement proposals that compromise more than $750,000, and this approval had not occurred. Moreover, under CERCLA §122(d)(2)(B), settlement agreements must first be lodged as proposed decrees with the court to allow 30 days for public comment; after this review, the Justice Department would likely withdraw its consent, resulting in an unenforceable agreement.

Counsel for Defendants
Richard Smith
Coll, Davidson, Carter, Smith, Salter & Barkett, P.A.
3200 Miami Ctr., 100 Chopin Plaza, Miami FL 33131
(305) 373-5200

R. Hugh Lumpkin
Keith, Mack, Lewis, Allison & Cohen
Flagler Federal Bldg., 111 Northeast First St., Ste. 500, Miami FL 33132-2596
(305) 358-7605

Counsel for Plaintiff
Robert R. Homiak, Ass't Attorney General; Lawrence Puckett
Land and Natural Resources Division
U.S. Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington DC 20044
(202) 633-5485