[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Notices]
[Page 22447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08553]


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DEPARTMENT OF JUSTICE


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

    On April 16 2020, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of New Mexico in the lawsuit entitled, City of Las Cruces and 
Do[ntilde]a Ana County v. United States of America, et al., Civil 
Action No. 2:17-cv-00809-JCH-GBW.
    The City of Las Cruces and Do[ntilde]a Ana County (``City and 
County'') filed this lawsuit under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (``CERCLA'') against 
the United States Department of Defense and National Guard Bureau. The 
United States filed counterclaims, on behalf of the U.S. Environmental 
Protection Agency (``EPA''), against the City and County. The case 
pertains to liability for response actions and response costs in 
connection with the Griggs and Walnut Ground Water Plume Superfund Site 
located in Las Cruces, New Mexico (``the Site''). Under the proposed 
settlement, the United States will pay $7,249,407 to resolve the United 
States' liability at the Site, and the City and County will pay 
$1,140,000 to the United States in reimbursement of past costs, will 
pay EPA's future costs at the Site and will perform the remedial 
action, including the operation and maintenance of a groundwater 
extraction and treatment system. In return, the United States agrees 
not to sue the City and County under sections 106 and 107 of CERCLA or 
under section 7003 of the Resource Conservation and Recovery Act for 
EPA's past costs and for work that the City and County have agreed to 
perform. The City and County likewise agree not to sue the United 
States under sections 106 and 107 of CERCLA with respect to the Site. 
The City and County have also asserted claims in this action against 
four entities associated with current or former dry cleaners in the 
area (i.e., The Lofts at Alameda, LLC, American Linen Supply of New 
Mexico, LLC, Rawson Leasing Limited Liability Co., and Chilsolm's-
Village Plaza, LLC), and these claims are unaffected by the proposed 
settlement.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to City of Las Cruces and Do[ntilde]a Ana County v. 
United States of America, et al., D.J. Ref. No. 90-11-3-09067/1. All 
comments must be submitted no later than thirty (30) days after the 
publication date of this notice. Comments may be submitted either by 
email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $99.00 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits, the cost is $14.50.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section Environment 
and Natural Resources Division.
[FR Doc. 2020-08553 Filed 4-21-20; 8:45 am]
 BILLING CODE 4410-15-P