[Federal Register Volume 65, Number 131 (Friday, July 7, 2000)]
[Notices]
[Pages 42030-42031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17219]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement in Accordance With the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA'')

    In accordance with Department of Justice Policy, 28 CFR 50.7, 38 
Fed. Reg. 19029, and 42 U.S.C. Sec. 9622(d), notice is hereby given 
that on June 26, 2000, a proposed Settlement Agreement was lodged with 
the United States District Court for the Eastern District of Virginia 
in Mobil Oil Corporation v. United States, Civil Action No. 99-1467-A. 
The proposed Settlement Agreement settles all CERCLA contribution 
claims asserted by Mobil Oil Corporation (``Mobil'') against the United 
States, as well as certain CERCLA claims by the United States against 
Mobil. These

[[Page 42031]]

claims relate to response actions undertaken at certain portions of the 
Stibnite Mining Area (``Stibnite Area'') in Valley County, Idaho.
    After carrying out certain response actions pursuant to an 
Administrative Order on Consent between the U.S. Environmental 
Protection Agency (``EPA'') and the U.S. Department of Agriculture, 
Forest Service (``FS''), and Mobil, Mobil sued the United States in the 
United States District Court for the Eastern District of Virginia 
pursuant to Sections 107(a)(2) and 113(f), (g) (2) of CERCLA, 42 U.S.C. 
9607(a)(2) and 9613(f), (g)(2), alleging that the United States, on 
behalf of certain Federal Agencies, is liable as an owner and operator 
for a portion of the necessary costs of response that Mobil has 
incurred in connection with the Stibnite Area. Pursuant to the 
Settlement Agreement, Mobil will pay $264,000 into the EPA Hazardous 
Substances Superfund to reimburse a portion of the response costs 
incurred by the United States, and the United States will pay Mobil 
$1.55 million, to reimburse Mobil for a portion of the costs Mobil has 
incurred in carrying out response actions in the Stibnite Area.
    Under the Settlement Agreement, the United States covenants not to 
sue Mobil pursuant to Sections 106, 107(a) and 113 of CERCLA, 42 U.S.C. 
9606, 9607(a), and 9613 for certain response costs or for the 
performance certain response actions for certain discrete portions 
areas of the Stibnite Area. This covenant not to sue expressly does not 
include: (1) Claims based on Mobil's failure to meet a requirement of 
the Agreement; (2) liability arising from disposal, release, or threat 
of release of hazardous substances outside of the Site; (3) liability 
for future disposal of hazardous substances at the Site, other than as 
ordered by EPA; (4) liability for natural resources damages, and for 
the costs of any natural resource damage assessments; (5) criminal 
liability; and (6) liability, not to exceed $1.1 million, for the costs 
of future response actions, including constructing an impermeable cap, 
at a portion of the Stibnite Area.
    Mobil covenants not to sue the United States for: (1) Any claim for 
reimbursement from the EPA Hazardous Substance Superfund (see 26 U.S.C. 
9507); (2) any other costs, damages, attorneys fees, or claims arising 
out of response activities at the site; (3) any claim under Sections 
107 and 113 of CERCLA, 42 U.S.C. 9607 and 9613, relating to the Site, 
except claims for natural resources damages and for the costs of any 
natural resource damage assessments; and (4) any claim regarding 
Mobil's costs incurred in implementing the work required under the VCO.
    Under the Settlement Agreement, Mobil and the Settling Federal 
Agencies are entitled to protection from contribution actions or 
claims, to the extent provided by Sections 113(f)(2) and 122(h)(4) of 
CERCLA, 42 U.S.C. 9613(f)(2) and 9622(h)(4), as to past response costs 
incurred by the United States, all response actions taken and to be 
taken by or at the direction of the United States, and all response 
costs incurred and to be incurred by the United States in connection 
with the areas addressed in the Settlement.
    The Department of Justice will receive written comments by mail 
relating to the proposed Settlement Agreement for thirty (30) days from 
the date of publication of this Notice. Comments should be addressed to 
the Assistant Attorney General of the Environment and Natural Resources 
Division, U.S. Department of Justice, Washington, DC 20530, and should 
refer to Mobil Oil Corporation v. United States, DOJ. Ref. No. 90-11-6-
05768.
    The proposed Settlement Agreement may be examined at the following 
location: U.S. Environmental Protection Agency, 1435 N. Orchard Street, 
Second Floor, Boise, Idaho 83706, 208-378-5746.
    A copy of the Settlement Agreement and exhibits (if requested) may 
also be obtained by mail from: Allison Booker, U.S. Department of 
Justice, Environmental Defense Section, Environment and Natural 
Resources Division, P.O. Box 23986, Washington, D.C. 20026-3986.
* * * * *

Letitia J. Grishaw,
Chief, Environmental Defense Section, Environment and Natural Resources 
Division.
[FR Doc. 00-17219 Filed 7-6-00; 8:45 am]
BILLING CODE 4410-15-M