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87 FR 61369

United States v. Dover Chemical Corp., No. 5:17-cv-02335 (N.D. Ohio Oct. 3, 2022). A settling CERCLA defendant must implement projects that will restore and protect 28.5 acres of wetlands in Stark County and protect 195 acres of riparian habitat in Tuscarawas, Jefferson, Columbiana, and/or Belmont counties, pay $880,000 to Ohio to fund projects near the Dover Chemical Corporation Superfund site to protect, restore, or enhance state groundwater resources, and pay for costs incurred by Ohio and the United States to assess injuries to natural resources associated with the site.

87 FR 60710

United States v. Fort James LLC, No. 1:22-cv-395 (D.N.H. Sept. 30, 2022). Settling CERCLA defendants must perform a remedial action at the Chlor-Alkali Facility (Former) Superfund site in Berlin, New Hampshire, reimburse EPA for its future costs and a portion of its past costs at the site, and reimburse the New Hampshire Department of Environmental Services for its future costs at the site.

87 FR 60416

United States v. Atlantic Richfield Co., No. CV89-039-BU-SEH (D. Mont. Sept. 30, 2022). Settling CERCLA defendants that released hazardous substances at the Anaconda Smelter NPL site in Deer Lodge County, Montana, must reimburse the United States for $48,000,000 in past response costs and future oversight costs that have been or will be incurred in responding to contamination at the site, pay the Forest Service $185,752 to reimburse anticipated future costs that will be spent overseeing remedial activities on Forest Service administered lands, and complete all cleanup actions required under the various records of decision, amendments thereto, and other decision documents issued by EPA for the site.

87 FR 60199

United States v. Union Electric Co. d/b/a Ameren Missouri, No. 22-cv-1038 (E.D. Mo. Sept. 28, 2022). Settling CERCLA defendants must perform response actions at the Findett/Hayford Bridge Road Groundwater Superfund Site pursuant to the June 30, 2021, Record of Decision, and pay oversight costs.

Achieving “Some” Upfront Certainty and Resolve in Superfund Settlements

Superfund practitioners are waiting to see whether the U.S. Environmental Protection Agency (EPA) will designate perfluorooctanoic acid and perfluorooctane sulfonate, two chemicals in the per- and polyfluoroalkyl substances (PFAS) group, as CERCLA hazardous substances. Such a designation may lead to selected remedies being modified and further work being required at Superfund sites where remedies were believed to be complete. This Article explores potential future liability by reviewing provisions of the 2021 Remedial Design/Remedial Action (RD/RA) Model Consent Decree.

87 FR 56983

United States v. American Iron & Metal Co., No. 22-7800 (S.D.N.Y. Sept. 13, 2022). A proposed consent decree requires settling CERCLA defendants to pay $437,255 in reimbursement of the United States’ past response costs regarding the Port Refinery Superfund site in the Village of Rye Brook, New York.

87 FR 56944

EPA announced a proposed administrative settlement agreement under CERCLA concerning the AB Specialty Silicones Fire site in Waukegan, Lake County, Illinois, that requires respondents to pay $266,000 for past response costs.

87 FR 54415

EPA proposed to designate perfluorooctanoic acid and perfluorooctanesulfonic acid, including their salts and structural isomers, as hazardous substances under CERCLA.

87 FR 53502

United States v. United Park City Mines Co., No. 2:19-cv-00200-BSJ (D. Utah Aug. 25, 2022).  Under a proposed consent decree concerning releases of hazardous substances at the Richardson Flat Tailings Site near Park City, Utah, settling CERCLA defendants agree to pay or cause to be paid $6,475,000 for response costs at the Richardson Flat Tailings Site, $350,000 for natural resource damages at the Richardson Flat Tailings Site, and $250,000 for response costs at the nearby Uintah Mining District Site.

87 FR 53503

In re J.J.W. Metal Corp., No. 20-04536-EAG11 (D.P.R. Aug. 26, 2022).  A proposed settlement agreement under CERCLA concerning the JJW Metal Recycling Superfund site in Carolina, Puerto Rico, will have an allowed claim in the amount of $300,000, and will be paid as a Class 6 allowed general unsecured claim under the terms of the third amended plan of reorganization in 60 monthly payments over a period of five years at 4.5% interest.