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88 FR 45448

United States v. J.R. Simplot Co., No. 1:23-cv-322 (D. Wyo. July 11, 2023). A settling RCRA, CAA, CERCLA, and EPCRA defendant must pay a $1.5 million civil penalty; implement compliance projects at its phosphoric acid and fertilizer manufacturing plant located near Pocatello, Idaho, known as the Don Plant; comply with specified requirements for management of wastes or other materials at the facility and in the facility’s phosphogypsum stack system; comply with specified requirements for the eventual closure and long-term care of the facility and provide financial assurance to cover the estimated cost of such obligations; continue groundwater and surface monitoring and reporting as required by a prior CERCLA consent decree; comply with specified operational practices for air emissions controls and replace the existing cooling towers with cooling pond(s) to reduce fluoride emissions into the air from the Don Plant; and revise the annual Toxic Chemical Release Inventory Reporting Forms it submitted under EPCRA for years 2004-2012 to include estimates of compounds that previously were not included.

88 FR 44405

United States v. Massachusetts Electric Co., No. 1:23- cv-11524 (D. Mass. July 7, 2023). A settling CERCLA defendant must provide $5.38 million to federal and state natural resources trustees to undertake habitat restoration work in the coastal area in the vicinity of the former Gloucester Gas Light Company Manufactured Gas Plant in Gloucester, Massachusetts, for damages relating to the release of hazardous substances to soils, sediments, groundwater, and surface water from the plant.

MRP Properties Co., LLC v. United States

The Sixth Circuit reversed a district court ruling in a lawsuit concerning 12 oil refinery sites that operated during World War II. The current owner of the refineries sought contribution from the U.S. government for environmental contamination discovered at the sites, arguing the government's produ...

88 FR 41397

EPA entered into a proposed cost recovery settlement agreement under CERCLA concerning the Marko Engraving & Art Corp. site in Fairview, New Jersey.

88 FR 40821

EPA announced a proposed administrative settlement agreement under a proposed prospective purchaser agreement pursuant to CERCLA and RCRA concerning the Buick City site in Flint, Michigan.

88 FR 38542

United States v. Great Lakes Synergy Corp., No. 3:23-cv-01934 (S.D. Ohio June 6, 2023). A settling CERCLA defendant that released and threatened releases of hazardous substances at Area 7 of the Additional and Uncharacterized Sites Operable Unit of the Crab Orchard National Wildlife Refuge NPL Site near Marion, Illinois, must perform removal actions to clean up the area, reimburse future response costs incurred by the United States, and reimburse $830,890 in past response costs incurred by the United States.

88 FR 37906

United States v. New York, City of, No. 1:23-CV-4129 (E.D.N.Y. June 5, 2023). A settling CERCLA defendant must pay $1.6 million for past costs incurred by EPA and fund and perform remedial work, including the removal of soil and sediments exhibiting levels exceeding the remediation goals in the impacted sewers and beneath the roadway and sidewalks, at the Wolff-Alport Chemical Company Superfund site in Ridgewood, New York.

88 FR 34151

EPA proposed to enter into 49 individual settlements with 53 parties under CERCLA to address recovery of costs for a cleanup that was performed at the Bennett Landfill Fire site in Chester, South Carolina.

88 FR 32247

United States v. Bank of America, No. 3:23-cv-02598 (D.N.J. May 15, 2023). A settling CERCLA defendant must perform remedial action relating to vapor intrusion and groundwater at the White Swan Cleaners/Sun Cleaners Area Ground Water Contamination Superfund site in Wall Township, New Jersey; pay the United States $10.8 million for past and future response costs and up to $1.5 million for future oversight costs; and pay a total of $6.5 million to the New Jersey Department of Environmental Protection, the Department Commissioner, and the Administrator of the New Jersey Spill Compensation Fund to resolve its liability for past and future costs and for natural resource damages.

88 FR 31525

United States v. American Biltrite Inc., No. 1:23-cv-11044 (D. Mass. May 11, 2023). Settling CERCLA defendants must perform the final remedial action for Operable Units 1 and 2, and the interim remedial action for Operable Unit 3, identified in EPA's March 2021 Record of Decision relating to the Olin Chemical Superfund site in Wilmington, Massachusetts; pay the United States’ past and future site-related response costs; and pay the Commonwealth's future site-related response costs.