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17-8007 - Navajo Nation v. Cyprus Amax Minerals Company et al


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17-8007 - Navajo Nation v. Cyprus Amax Minerals Company et al
May 19, 2017
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ORDER - IT IS ORDERED that the Navajo Nation's unopposed motion to enter the proposed consent decree (Doc. 23) is GRANTED. The consent decree will be entered as a separate document. (See document for further details). Signed by Judge Douglas L Rayes on 5/19/17.(SLQ)
May 22, 2017
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ORDER - CONSENT DECREE: In order to ensure completion of the Work, Settling Defendants shall secure financial assurance, in an amount determined in accordance with paragraph 27, for the benefit of EPA. The Financial Assurance Amount shall be the sum of estimated costs for Work under all Decision Documents for which EPA has not yet issued a Notice of Completion, pursuant to Section 10.8 of the SOW. The Financial Assurance Amount shall also include an additional amount of $29.4 million until EPA issues a Notice of Completion for the First Component of Work. Within 30 days after the Effective Date, Settling Defendants shall pay to EPA $1,506,915.01 for Past Response Costs. Within 30 days after the Effective Date, Settling Defendants shall pay NNEPA $8,099.60 for Navajo Nation Past Response Costs. As soon as reasonably practicable after the Effective Date, the United States on behalf of the SFAs shall pay to EPA $1,506,915.01 for Past Response Costs. As soon as reasonably practicable after the Effective Date, the United States on behalf of the SFAs shall pay NNEPA $8,099.59 for Navajo Nation Past Response Costs. Within 30 days after the Effective Date, Settling Defendants shall pay NNEPA $100,000 as an initial payment toward Future Response Costs. Following the Effective Date, and as soon as reasonably practicable following receipt of payment instructions from the Trustee, the United States shall deposit $335 million into the Trust Account created pursuant to the Trust Agreement that the United States and Settling Defendants shall execute. In the event that EPA assumes performance of a portion or all of the Work pursuant to 70 (Work Takeover), Settling Defendants shall be liable for a stipulated penalty in the amount of $ 6 million, payable in equal share to the United States and the Navajo Nation. This CD and its appendices constitute the final, complete, and exclusive agreement and understanding among the Parties regarding the settlement embodied in the CD. The Parties acknowledge that there are no representations, agreements, or understandings relating to the settlement other than those expressly contained in this CD.Upon entry of this CD by the Court, this CD shall constitute a final judgment between and among the United States, the Navajo Nation, and Settling Defendants. The Court enters this judgment as a final judgment under Fed. R. Civ. P. 54 and 58. (See document for full details). Signed by Judge Douglas L Rayes on 5/22/17. (LAD)