[Federal Register Volume 68, Number 209 (Wednesday, October 29, 2003)]
[Notices]
[Pages 61694-61695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27254]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation and Liability Act

    Notice is hereby given that on September 19, 2003, a proposed 
Consent Decree in United States of America, The State of New Mexico, 
and The New Mexico Office of Natural Resources Trustee v. The 
Burlington Northern and Santa Fe Railway Company, Civil Action No. 03-
1105 MV KBM, was lodged with the United States District Court for the 
District of New Mexico.
    In this action the United States, on behalf of the United States 
Department of the Interior (``DOI''), the United States Fish and 
Wildlife Service, and the Attorney General of the State of New Mexico, 
on its own behalf and on behalf of The State of New Mexico and The New 
Mexico Office of Natural Resources Trustee (``NMONRT'') sought damages 
from The Burlington Northern and Santa Fe Railway Company for injury 
to, destruction and loss of natural resources, under Section 107(a) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act of 1980, 42 U.S.C. 9607(a), resulting from the release of hazardous 
substances from the AT & SF (Clovis) New Mexico Superfund Site, located 
in Clovis, Curry County, New Mexico. The Complaint alleges that 
hazardous substances, including polycyclic aromatic hydrocarbons, 
phenol compounds and metals, were released from a railway switching 
yard owned and operated by the Defendant and its predecessor, to a 
former playa lake known as Santa Fe Lake, resulting in the loss of 
habitat for fish and wildlife, including migratory birds and aquatic 
dependent biota. The Consent Decree provides for BNSF to pay a total of 
$489,000.00 to resolve the claims alleged in the Complaint. Of this 
amount, $459,000 will be placed in a Court Registry trust account for 
use by DOI and NMONRT in planing and implementing a habitat acquisition 
and enhancement project, $20,500 and $9,500 shall be paid to DOI and 
NMONRT respectively, to reimburse DOI and NMONRT for costs incurred to 
assess the alleged injury to, destruction and loss of natural 
resources.

[[Page 61695]]

    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States, et al. v. The Burlington Northern and Santa Fe Railway 
Company, D.J. Ref. 90-11-1-07321.
    The Consent Decree may be examined at the Office of the United 
States Attorney, District of New Mexico, 201 Third St., NW., Ste. 900, 
Albuquerque, NM 87102. During the public comment period, the Consent 
Decree may also be examined on the following Department of Justice Web 
site, http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decree 
may also be obtained by mail from the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by 
faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $4.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-27254 Filed 10-28-03; 8:45 am]
BILLING CODE 4410-15-M