Case 1:83-cv-02386-WYD
Document 94
Filed 11/21/2008
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 83-C-2386 STATE OF COLORADO, Plaintiff, v. UNITED STATES OF AMERICA, SHELL OIL COMPANY, Defendants.
NOTICE OF LODGING OF PROPOSED CONSENT DECREE PENDING SOLICITATION OF PUBLIC COMMENT
The State filed a complaint in this action on December 9, 1983, pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), 42 U.S.C. §§ 9607-9675, for damages to the State’s natural resources due to releases or threatened releases of hazardous substances from the Rocky Mountain Arsenal. The State amended its complaint on November 25, 1985, to add claims for recovery of response costs, including investigative activities, site cleanup, removal and remedial actions, and for all other costs of response incurred and to be incurred by the State not inconsistent with the National Contingency Plan, 40 C.F.R. Part 300, pursuant to Section 107 of CERCLA, 42 U.S.C. § 9607. The State last amended its complaint on July 10, 1990, in a pleading titled “July 1990 Amended Complaint in Civil Action No. 83-C-2386.”
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Case 1:83-cv-02386-WYD
Document 94
Filed 11/21/2008
Page 2 of 4
The State and the United States hereby notify this Court that they are lodging the proposed Consent Decree in the above-referenced matter to take public comment on the proposed settlement. The State is publishing notices in newspapers of general and local circulation regarding this settlement. The notices solicit public comment for thirty days. The State and the United States request the Court not to sign the proposed Consent Decree at this time. Instead, the Consent Decree should remain lodged until after the public comment period has closed, at which point the State and the United States will decide whether to request the Court to enter the proposed Consent Decree as a final order and judgment. Following conclusion of the public comment period, the State and the United States will evaluate any comments they receive and provide a response to the Court, including a request to enter the Decree, if the comments do not disclose facts or considerations which indicate that the proposed settlement is inappropriate, improper, or inadequate. Respectfully submitted this 21st day of November, 2008.
JOHN W. SUTHERS Attorney General
/s/ Casey Shpall CASEY SHPALL * Deputy Attorney General Natural Resources and Environment Section Colorado Department of Law 1525 Sherman Street, 7th Floor Denver, CO 80203 (303) 866-5069 (office) *Counsel of Record for Plaintiff State of Colorado
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Case 1:83-cv-02386-WYD
Document 94
Filed 11/21/2008
Page 3 of 4
/s/ Jon M. Lipshultz JON M. LIPSHULTZ* U.S. Department of Justice Environment and Natural Resources Division Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-3986 (202) 514-2191 (office) (202) 514-8865 (fax) E Mail: jon.lipshultz@usdoj.gov *Counsel of Record for Defendant United States of America
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Case 1:83-cv-02386-WYD
Document 94
Filed 11/21/2008
Page 4 of 4
CERTIFICATE OF SERVICE I hereby certify that on November 21, 2008, I electronically filed the foregoing Notice of Lodging of Proposed Consent Decree Pending Solicitation of Public Comment, together with the attached proposed Consent Decree, with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses for counsel of record for the other parties to this action:
casey.schpall@state.co.us daniel.dunn@hro.com
/s/ Jon M. Lipshultz Jon M. Lipshultz United States Department of Justice Environment and Natural Resources Division Environmental Defense Section P.O. Box 23986 Washington, D.C. 20026-3986 (202) 514-2191 (o) (202) 515-8865 (fax) jon.lipshultz@usdoj.gov (e-mail) Attorney for Defendants United States of America and United States Department of the Army
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