[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Notices]
[Page 5400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1979]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on January 25, 2011, a proposed Consent 
Decree in The United States of America and the Coeur d'Alene Tribe v. 
Lookout Mountain Mining and Milling Company and Silver Bowl, Inc., Civ. 
No. 11-0029, was lodged with the United States District Court for the 
District of Idaho.
    Plaintiffs the United States and the Tribe filed a complaint 
concurrently with the Consent Decree alleging that Defendants Lookout 
Mountain Mining and Milling Company and Silver Bowl, Inc. are liable 
pursuant to Section 107(a) of CERCLA for response costs incurred and to 
be incurred by the United States and for natural resources damages in 
connection with releases of hazardous substances at or from Operable 
Unit 3 of the Bunker Hill Mining and Metallurgical Complex Superfund 
Site (Bunker Hill Site) in northern Idaho. The proposed Consent Decree 
grants the Defendants a covenant not to sue for response costs, as well 
as natural resource damages, in connection with the Bunker Hill Site. 
The Coeur d'Alene Tribe is a co-trustee of injured natural resources at 
the Bunker Hill Site and a party to the proposed Consent Decree. The 
settlement is based on a determination that Defendants have no ability 
to pay. The settlement requires, among other things, that Defendants 
assign their interest in insurance policies to a trust, established for 
the benefit of EPA and the natural resource trustees, and pay two 
percent of net smelter returns generated from any future mining 
activities.
    For thirty (30) days after the date of this publication, the 
Department of Justice will receive comments relating to the Consent 
Decree. 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. In either case, the 
comments should refer to U.S., et al. v. Lookout Mountain Mining and 
Milling Company and Silver Bowl, Inc., Civ. No. 11-0029 and D.J. Ref. 
No. 90-11-3-128/11.
    During the comment period, the Consent Decree may 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 $18.75 (25 cents per page reproduction cost) 
payable to the United States Treasury or, if by e-mail or fax, forward 
a check in that amount to the Consent Decree Library at the stated 
address.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-1979 Filed 1-28-11; 8:45 am]
BILLING CODE 4410-15-P