[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Page 64959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25309]



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

    On November 15, 2021, the Department of Justice lodged a proposed 
Consent Decree (``Consent Decree'') with the United States District 
Court for the Western District of New York in a lawsuit entitled United 
States, the State of New York, and the Tuscarora Nation v. Honeywell 
International, Inc., Civil Action No. 21-1218. In the complaint, the 
plaintiffs, collectively the United States, the State of New York, and 
the Tuscarora Nation (also referred to as ``the Natural Resource 
Trustees''), seek natural resource damages under Section 107(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9607(a) from defendant Honeywell International, 
Inc. (``Honeywell''). The complaint alleges that Honeywell, as a 
successor to the Allied Chemical Corp./Buffalo Color Corp., is a liable 
party in connection with natural resource damages resulting from the 
release of hazardous substances into a portion of the Buffalo River, 
Buffalo, New York (``the Site''), from the early 1900s through at least 
the mid-1900s.
    The proposed Consent Decree requires that Honeywell, as a Settling 
Defendant, pay $4,250,000 to the Natural Resource Trustees to 
compensate for natural resource damages. The payment will reimburse 
past assessment costs, and fund natural resource habitat restoration 
projects, cultural restoration projects, and oversight costs to oversee 
completion of the projects. Under the proposed settlement, conservation 
easements and restrictions will be recorded on approximately 70 
undeveloped acres of land adjacent to the Buffalo River to preserve 
these properties in their undeveloped condition in perpetuity. These 
properties are currently owned by CSX Transportation or the City of 
Buffalo, who are settling parties under the Consent Decree. Additional 
settling parties include other parties that are potentially responsible 
for natural resource damages that have entered into separate 
settlements with Honeywell.
    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 United States, the State of New York, and the 
Tuscarora Nation v. Honeywell International, Inc., Civil Action No. 21-
1218, D.J. Ref. No. 90-11-3-08780. 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:

            To submit comments:                     Send them to:
By email..................................  [email protected].
By mail...................................  Assistant Attorney General,
                                             U.S. DOJ--ENRD, P.O. Box
                                             7611, Washington, DC 20044-

    During the public comment period, the proposed 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 proposed 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 $9.75 (25 cents per page 
reproduction cost), payable to the United States Treasury.

Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment & 
Natural Resources Division.
[FR Doc. 2021-25309 Filed 11-18-21; 8:45 am]