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76 FR 63954

United States v. Newmont USA Ltd., No. 05-020-JLQ (E.D. Wash. Sept. 30, 2011). A settling CERCLA defendant responsible for violations at the Midnite Mine Superfund site on the Spokane Indian Reservation in Stevens County, Washington, must pay $18.7 million in U.S. response costs incurred at the site and must perform the EPA-selected cleanup for the site.

76 FR 62446

In re DPH Holdings Corp., No. 05-44481 (RDD) (Bankr. S.D.N.Y. Oct. 4, 2011). A settling CERCLA and RCRA defendant responsible for violations at the Tremont City Landfill Superfund site in Tremont City, Ohio, and the South Dayton Dump & Landfill Superfund site in Moraine, Ohio, must provide the United States with an allowed claim of $857,582.52, subject to the approval of a tax refund action.

76 FR 62303

EPA gave final authorization to California's hazardous waste management program under RCRA.

The Saga Continues—Howmet and the Ongoing Uncertainty of Solid Waste Regulation Under RCRA

It is said that nothing is constant except change. For industry trying to keep up with its environmental obligations, perhaps the more appropriate saying would be that nothing is constant except regulatory uncertainty. Under President Barack Obama, the U.S. Environmental Protection Agency (EPA) has pursued wide-sweeping regulatory initiatives under virtually every major environmental statute. These include the Agency's groundbreaking efforts to monitor and regulate mobile and stationary sources of greenhouse gases under the Clean Air Act.

76 FR 44094

EPA proposed to revise certain exclusions from the definition of solid waste for hazardous secondary materials intended for reclamation.

76 FR 37152

United States v. Tecumseh Products Co., No. 1:03-cv-00401 (E.D. Wis. June 13, 2011). Settling CERCLA defendants must finance and perform the remainder of the remedial action at the Sheboygan River and Harbor Superfund site in Sheboygan County, Wisconsin, at an estimated cost of $12.6 million and must pay EPA's oversight costs.

76 FR 35470

United States v. Hecla Ltd., No. 96-0122-N-EJL (D. Idaho June 13, 2011). A settling CERCLA and CWA defendant responsible for violations at the Bunker Hill Mining and Metallurgical Complex Superfund site in the Coeur d'Alene Basin watershed in Idaho must pay $263.4 million, plus interest, in past and future response costs to the United States, the Coeur d'Alene Tribe, and Idaho and must coordinate future mining operations with EPA's cleanup activities in the Coeur d'Alene Basin. 

76 FR 33784

United States v. United Nuclear Corp., No. CV 11-01060-PHX-NVW (D. Ariz. May 31, 2011). A settling CERCLA defendant responsible for violations at the Pine Mountain Mine Superfund site in the Tonto National Forest in Arizona must pay $800,000 in U.S. response costs incurred at the site.

76 FR 33364

United States v. Union Pacific Corp., No. 8:11-cv-00195 (D. Neb. June 1, 2011). Settling CERCLA defendants responsible for violations at the Omaha Lead Superfund site in Omaha, Nebraska, must pay $21,350,000 in U.S. response costs incurred at the site, must spend $3.15 million in community health education on the health risks of lead exposure, and must pay $100,000 to the DOI and $400,000 to the Nebraska Department of Environmental Quality.

76 FR 38389

EPA entered into a settlement under CERCLA §122(h)(1) for reimbursement of past response costs incurred at the Caraleigh Phosphate and Fertilizer Works Superfund site in Raleigh, North Carolina.