[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Notices]
[Page 86383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27361]


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DEPARTMENT OF JUSTICE


Notice of Proposed Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    On December 4, 2023, a proposed Settlement Agreement between the 
United States, on behalf of (a) the United States Department of the 
Interior (``DOI'') and (b) the United States Environmental Protection 
Agency (``EPA''), and Mallinckrodt plc, and the Mallinckrodt General 
Unsecured Claims Trust (the ``GUC Trust'' and, with the Reorganized 
Debtors, collectively, ``Mallinckrodt''), was filed with the United 
States Bankruptcy Court for the District of Delaware in the Chapter 11 
case captioned, In re: Mallinckrodt PLC, Case No.: 20-12522.
    On October 12, 2020, each of Mallinckrodt plc and its debtor 
affiliates filed voluntary petitions in the Bankruptcy Court. The 
United States, on behalf of DOI and EPA, filed a proof of claim 
asserting a claim against Mallinckrodt for past costs and future 
liability as a potential liable party at the Sangamo Electric Dump/Crab 
Orchard National Wildlife Refuge Site pursuant to the Comprehensive 
Environmental Response Comprehensive Environmental Response, 
Compensation, and Liability Act. The proposed Settlement Agreement 
grants the United States an allowed unsecured claim against 
Mallinckrodt US Holdings LLC on behalf of DOI in the amount of 
$56,880,784, and for EPA in the amount of $499,216. Mallinckrodt's 
Fourth Amended Joint Plan of Reorganization, which the Bankruptcy Court 
confirmed, and which went effective on Jun 16, 2022, dictate the terms 
of payment for the United States' allowed claim.
    The publication of this notice opens a period for public comment on 
the proposed Settlement Agreement. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to, In re: Mallinckrodt PLC, Case No.: 20-12522, D.J. 
Ref. No. 90-11-2-09556/2. 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 Settlement Agreement may be 
examined and downloaded at this Justice Department website: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Settlement Agreement 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 $3.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Patricia M. McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-27361 Filed 12-12-23; 8:45 am]
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