[Federal Register Volume 69, Number 59 (Friday, March 26, 2004)]
[Notices]
[Pages 15900-15901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6763]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement Agreement Under the Comprehensive
Environmental Response, Compensation and Liability Act
Under 28 CFR 50.7, notice is hereby given that on March 19, 2004, a
motion to approve a proposed Settlement Agreement was filed in the
United States Bankruptcy Court for the District of Nevada in In re
Washington Group, International, Inc., et al., Case No. BK-N-01-31627
(Bankr. D. Nev.). The Court's action on the proposed Agreement is
subject to the United States' determination whether to proceed with the
Agreement following any public comment on its terms. Further, the
proposed Agreement is subject to the notice provisions of Rule 9019(a)
of the Federal Rules of Bankruptcy Procedure.
The United States filed a proof of claim in the above bankruptcy
seeking reimbursement for response costs expended by the United States
Department of Agriculture, Forest Service, under Section 104 of the
Comprehensive Environmental Response, Compensation and Liability Act
(``CERCLA''), 42 U.S.C. 9604, to investigate releases of selenium from
four reclaimed phosphate mines located in southeastern Idaho--the North
Maybe, South Maybe, Champ and Mountain Fuel Mines (``the Mines''). In
its proof of claim, the United States included an unliquidated claim
for compensation for CERCLA response costs which the Forest Service
anticipates incurring at the Mines. The
[[Page 15901]]
Forest Service expects to incur, among other potential expenses,
additional investigative costs and the costs of abating selenium
releases, including releases into pit lakes, seeps and streams, and the
uptake of selenium into forage grasses and other plants. Releases of
selenium from the Mines have caused the deaths of domestic animals and
may endanger wildlife. Under the proposed Agreement, the United States
will be awarded an allowed general unsecured claim against Washington
Group International, Inc. and affiliated debtors in the amount of $30
million. In addition, the United States will receive payments from two
insurance companies totaling $4.5 million.
As is typical, the proposed Agreement provides contribution
protection to the settling parties. In addition, through the motion to
approve the Agreement, the reorganized debtors and the Plan Committee
\1\ are seeking an injunction which would preclude any and all persons
and entities from asserting claims against the settling insurers that
arise out of or relate to the Policies and relate to the Sites.
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\1\ Formally known as the Plan Committee in Bankruptcy Case No.
01-31627-GWZ, before the Bankruptcy Court for the District of
Nevada.
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The Department of Justice will receive comments relating to the
proposed Settlement Agreement during a period ending April 14, 2004.
Comments must be received by that date. If sent by U.S. Mail, comments
must be addressed to the Assistant Attorney General for the
Environmental and Natural Resources Division, P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611. Any comments sent by
a delivery service other than U.S. Mail must be addressed to the
Assistant Attorney General for the Environment and Natural Resources
Division, in care of Chief, Environmental Enforcement Section, Room
13073, 1425 New York Avenue, NW., Washington, DC 20005. Comments should
refer to In re Washington Group International, et al., DOJ Ref.
90-11-2-07499/1.
The proposed Settlement Agreement may be examined at the office of
the United States Attorney, District of Nevada, 100 West Liberty
Street, Suite 600, Reno, Nevada 89501 and the U.S. Department of
Agriculture, Pacific Region--Portland Office, 1220 SW. Third Avenue,
Room 1734, Portland, OR 97204-2825. During the public comment period,
the proposed Settlement Agreement may also be examined on the following
Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A
copy of the proposed Settlement Agreement may be obtained by mail from
the Consent Decree Library, PO Box 7611, U.S. Department of Justice,
Washington, DC 20044-7611 or by telefaxing or e-mailing a request to
Tonia Fleetwood ([email protected]), telefax no. (202) 514-
0097, phone confirmation number (202) 514-1547. The Agreement, without
exhibits, consists of 18 pages. Including Exhibits A and B, the
Agreement consists of 30 pages. Exhibit C is a voluminous exhibit
consisting of ten insurance policies. Copies of the insurance policies
may be obtained by calling David Street at (202) 514-5471. In
requesting copies of the Agreement, specify whether copies of exhibits
are sought and include a check in the appropriate amount (25 cents per
page reproduction cost) for In re Washington Group International, Inc.,
et al., payable to the U.S. Treasury.
Robert E. Maher, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 04-6763 Filed 3-25-04; 8:45 am]
BILLING CODE 4410-15-M