[Federal Register Volume 66, Number 2 (Wednesday, January 3, 2001)]
[Notices]
[Page 387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-56]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act and Federal 
Water Pollution Control Act

    Notice is hereby given that, consistent with the policy of Section 
122(d)(2) of CERCLA, 42 U.S.C. 9622(d)(2), and 28 C.F.R. 50.7, a 
proposed Partial Consent Decree (the ``Decree'') in United States v. 
ASARCO, et al., Civil Action No. 96-0122-N-EJL was lodged on December 
28, 2000, with the United States District Court for the District of 
Idaho. The Decree resolves claims by the United States and the Coeur 
d'Alene Tribe (the ``Tribe'') against two of the seven named defendants 
in this action, Sunshine Mining and Refining Company and Sunshine 
Precious Metals, Inc. (collectively ``the Sunshine defendants''), and 
potential claims against two of their non-defendant affiliates, 
Sunshine Argentina, Inc., and Sunshine Exploration, Inc.
    The United States' Second Amended Complaint in this action alleges 
that the Sunshine defendants and other mining companies, including 
ASARCO, Inc., Hecla Mining Co., Coeur d'Alene Mines, Inc., and Callahan 
Mining Co., are liable for past and future response costs and natural 
resource damages at the Bunker Hill Superfund Facility (the 
``Facility'') in the Coeur d'Alene Basin (the ``Basin'') or northern 
Idaho, under Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (``CERCLA''), 42 U.S.C. 9607, 
and Section 311(f) of the Federal Water Pollution Control Act (the 
``Clean Water Act''), 33 U.S.C. 1321(f). Trial on liability, natural 
resource injury, and causation issues is scheduled to begin on January 
22, 2001. On August 23, 2000, however, the Sunshine defendants, 
Sunshine Argentina, and Sunshine Exploration (collectively ``Sunshine 
entities'') filed petitions in the United States Bankruptcy Court for 
the District of Delaware for recorganization under Chapter 11 of the 
Bankruptcy Code. The proposed Decree both resolves the claims pending 
against the Sunshine defendants in the ASARCO litigation in Idaho and, 
when approved by the U.S. District Court, allows the Sunshine entities' 
Chapter 11 reorganization plan to become effective.
    Under the proposed Decree, the Sunshine defendants will (1) impose 
conservation easements on certain environmentally-sensitive timberlands 
in the Basin and convey title to those lands to an independent trustee, 
who will later convey title to the United States or the Tribe as they 
jointly decide; (2) pay royalties to the United States and the Tribe on 
all mining revenues from the Sunshine defendants' properties in the 
Basin, at rates tied to the market price of silver; (3) issue to the 
United States and the Tribe warrants convertible into 9.95 percent of 
the reorganized Sunshine Mining's stock; and (4) perform certain clean 
up work at the closed mill structure at the Silver Summit Mine Site 
owned by Sunshine. The Decree reserves claims by the United States and 
the tribe for, among other things, response actions on property in the 
Basin that the Sunshine entities will continue to own.
    The Department of Justice will receive comments relating to the 
proposed Decree until January 11, 2001. This period for comments has 
been limited in order to allow the parties to seek District Court 
approval of the Decree before the scheduled start of trial on January 
22, 2001. Comments should be addressed to the Assistant Attorney 
General for the Environment and Natural Resources Division, Department 
of Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530, and 
should refer to United States v. ASARCO, DOJ Ref. #90-11-3-128/2. 
Commenters may request an opportunity for a public meeting in the 
affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 
Sec. 6973(d).
    The proposed Decree may be examined at the office of the United 
States Attorney, District of Idaho, 877 W. Main, Suite 201, Boise, 
Idaho 83702 (208) 334-1211; and the Region X Office of the 
Environmental Protection Agency, 1200 Sixth Avenue, Seattle, 
Washington, 98101. A copy of the proposed Decree may also be obtained 
by mail from the Consent Decree Library, P.O. Box 7611, Washington, DC 
20044, or by telephonic request to Mr. Joe Davis at (202) 616-7940. In 
requesting a copy of the Consent Decree, please refer to the referenced 
case and enclose a check in the amount of $13.50 (25 cents per page 
reproduction costs), payable to the Consent Decree Library.

Bruce S. Gelber,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 01-56 Filed 1-2-01; 8:45 am]
BILLING CODE 4410-15-M