[Federal Register Volume 73, Number 12 (Thursday, January 17, 2008)]
[Page 3270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-122]



Notice of Lodging of Settlement Agreement

    Notice is hereby given that a proposed Settlement Agreement in 
American International Specialty Lines Insurance Company, Inc. v. NWI-
I, Inc., et al., Civil Action No. 05-6386, was lodged on January 9, 
2008 with the United States District Court for the Northern District of 
    American International Specialty Lines Insurance Company, Inc. 
(AISLIC) filed this declaratory judgment action against NWI-I, Inc., 
LePetomane II, Inc. (as Trustee of the Fruit of the Loom Successor 
Liquidation Trust), and LePetomane III, Inc. (as Trustee of the Fruit 
of the Loom Custodial Trust), which are successor entities to bankrupt 
Fruit of the Loom, Inc. (FTL), seeking to avoid coverage under a 
Pollution Legal Liability insurance policy issued to FTL in 1998 (the 
Policy). Under a 2002 settlement agreement in the FTL bankruptcy, the 
Fruit of the Loom Successor Liquidation and Custodial Trusts were 
created and those entities agreed to pursue FTL environmental insurance 
claims under the Policy. Under the 2002 bankruptcy settlement, the 
Custodial Trust owns and, using funds recovered by the Successor 
Liquidation Trust, implements site investigation, clean-up, and 
restoration activities at seven former FTL properties which are the 
subject of the action: St. Louis Plant Site (St. Louis, Michigan), 
Breckenridge Site (St. Louis/Breckenridge, Michigan), Residue Hill Site 
(Chattanooga, Tennessee), Hardeman County Landfill Site (Toone, 
Tennessee), Hollywood Dump Site (Memphis, Tennessee), Marshall Plant 
Site (Marshall, Illinois), and Ventron/Velsicol/Berry's Creek Site (New 
Jersey). The United States and the States of Illinois, Michigan, New 
Jersey, and Tennessee are beneficiaries of the Trusts. The United 
States intervened in AISLIC's action to protect its interests.
    Pursuant to the Settlement Agreement, in return for a buyback of 
the Policy, AISLIC will make an initial $30 million payment and ten 
annual payments of $1.250 million, with interest running from May 15, 
2007, to the Successor Liquidation Trust. The nature of the response 
and/or restoration activities to be performed at each site is not an 
issue addressed in this settlement and will, instead, be determined in 
the usual course in a manner not inconsistent with the relevant 
statutes. In addition, the Successor Liquidation Trust will separately 
pay the three non-governmental intervenors, who allege that they are 
insured under the Policy, $287,000 to resolve their claims against 
AISLIC for coverage under the Policy.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to American International Specialty Lines Insurance Company, Inc. 
v. NWI-I, Inc., et al., DOJ Ref. 90-11-2-0709/1. Commenters 
may request an opportunity for a public meeting in the affected area, 
in accordance with section 7003(d) of RCRA, 42 U.S.C. 6973(d).
    The proposed consent decree may be examined at the office of the 
United States Attorney, United States Attorney's Office, Northern 
District of Illinois, Eastern Division, 219 S. Dearborn St., 5th Floor, 
Chicago, IL 60604, and at the Region V Office of the Environmental 
Protection Agency, 77 W. Jackson Blvd., Chicago, IL 60604. During the 
public comment period, the proposed consent decree may also be examined 
on the Department of Justice Web site, at http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 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 
e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax 
number (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting a copy from the Consent Decree Library, please enclose a 
check in the amount of $33.00 (or $6.00, for a copy that omits the 
exhibits and signature pages) (25 cents per page reproduction cost) 
payable to the U.S. Treasury or, if by E-mail or fax, forward a check 
in that amount to the Consent Decree Library at the stated address.

W. Benjamin Fisherow,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 08-122 Filed 1-16-08; 8:45 am]