[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Notices]
[Page 26275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11115]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States of America 
et al. v. The Boeing Company, Civil Action No. 10-758 (W.D. Wa.), was 
lodged with the United States District Court for the Western District 
of Washington on May 4, 2010. The proposed Consent Decree settles 
claims for natural resource damages caused by hazardous substances 
released from Boeing facilities along the Duwamish Waterway.
    The complaint asserts claims by the United States on behalf of the 
National Oceanic and Atmospheric Administration and the Department of 
the Interior; the State of Washington; the Suquamish Tribe; and the 
Muckleshoot Indian Tribe (the Natural Resource Trustees) pursuant to 
the section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9607(a); section 
311 of the Clean Water Act (CWA), 33 U.S.C. 1321; section 1002(b) of 
the Oil Pollution Act (OPA), 33 U.S.C. 2702(b); and the Model Toxics 
Control Act (MTCA), RCW 70.105D.
    Under the proposed Consent Decree, Boeing will create habitat for 
out-migrating juvenile salmon making their transition from fresh water 
to salt water, as well as other fish and bird species. The restoration 
projects will be built at the current location of Boeing's Plant 2 on 
the Duwamish River and will cover over one-half linear mile of 
waterway. Boeing also will repay almost $2 million of the Natural 
Resource Trustees' costs expended to date, will pay the Natural 
Resource Trustees' future costs of overseeing the restoration projects, 
and will establish a permanent stewardship fund for the projects.
    The Department of Justice will receive written comments relating to 
the proposed Consent Decree for a period of thirty (30) days from the 
date of publication of this notice. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and either e-mailed to [email protected] or mailed to P.O. 
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and 
should refer to United States of America et al. v. The Boeing Company, 
DJ Reference No. 90-11-3-07227/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Western District of Washington, Office of the United 
States Attorney for the Western District of Washington, 5200 United 
States Courthouse, 700 Stewart Street, Seattle, WA 98101-1271. 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/Consent_Decrees.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 $26.75 (25 cents per page reproduction cost) 
payable to the United States Treasury or, if requesting by e-mail or 
fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division, United States Department of Justice.
[FR Doc. 2010-11115 Filed 5-10-10; 8:45 am]
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