[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Notices]
[Pages 516-517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33803]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Natural Resource Damages Consent
Decree Under the Comprehensive Environmental Response, Compensation,
and Liability Act
Notice is hereby given that on December 29, 2011, a proposed
Consent Decree in United States and State of New Mexico v. Freeport-
McMoRan Corp. et al. (``Freeport-McMoRan Consent Decree''), Civil
Action No. 1:11-cv-1140 (D. N.M.), was lodged with the United States
District Court for the District of New Mexico.
The Complaint in this case was filed against Freeport-McMoRan
Corporation, Freeport-McMoRan Chino Mines Company, Freeport-McMoRan
Tyrone Inc., Freeport-McMoRan Tyrone Mining LLC, and Freeport-McMoRan
Cobre Mining Company (collectively ``Freeport-McMoRan'') on December
29, 2011. The cause of action is based on Section 107(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended (``CERCLA''), 42 U.S.C. 9607(a). The Complaint
alleges that Freeport-McMoRan is civilly liable for payment of damages
for injuries to natural resources belonging to, managed by, or
controlled by the United States and the State of New Mexico that
resulted from hazardous substance releases at and from Freeport-
McMoRan's Chino Mine, Tyrone Mine, and Cobre Mine in southwestern New
Mexico. The Complaint further alleges that surface waters, ground
water, terrestrial habitat and wildlife, and migratory birds have been
injured, destroyed, or lost as a result of releases of hazardous
substances at and from the mine sites.
Under the settlement, Freeport-McMoRan will pay $5.5 million to the
United States Department of the Interior's Natural Resource Damage
Assessment and Restoration Fund, which can be used to restore,
rehabilitate, replace, or acquire the equivalent of wildlife and
wildlife habitat injured, destroyed, or lost as a result of releases at
the mine sites. Freeport-McMoRan will also convey to
[[Page 517]]
the New Mexico State Parks Division approximately 715 acres of land
adjacent to the City of Rocks State Park in Grant County, New Mexico to
further offset natural resource losses at the mine sites. Finally,
Freeport-McMoRan will reimburse the Department of Interior's remaining
unpaid past natural resource damage assessment costs, which amount to
$59,750.99.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
Freeport-McMoRan Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and either emailed to [email protected] or mailed to P.O.
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and
should refer to United States and State of New Mexico v. Freeport-
McMoran Corp. et al., Case No. 1:11-cv-1140 (D. N.M.), D.J. Ref. 90-11-
3-08069.
During the public comment period, the Freeport-McMoRan Consent
Decree may also be examined on the following Department of Justice Web
site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the
Freeport-McMoRan Consent Decree may also be obtained by mail from the
Consent Decree Library, P.O. Box 7611, U.S. Department of Justice,
Washington, DC 20044-7611 or by faxing or emailing a request to
``Consent Decree Copy'' ([email protected]), fax no. (202) 514-
0097, phone confirmation number (202) 514-5271. If requesting a copy
from the Consent Decree Library by mail, please enclose a check in the
amount of $14.75 (25 cents per page reproduction cost) payable to the
U.S. Treasury or, if requesting by email or fax, forward a check in
that amount to the Consent Decree Library at the address given above.
Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2011-33803 Filed 1-4-12; 8:45 am]
BILLING CODE 4410-15-P