[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 <a href="/cdn-cgi/l/email-protection#63131601000c0e0e060d174e0606104e060d1107231610070c094d040c15"><span class="__cf_email__" data-cfemail="dbabaeb9b8b4b6b6beb5aff6bebea8f6beb5a9bf9baea8bfb4b1f5bcb4ad">[email protected]</span></a> 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'' (<a href="/cdn-cgi/l/email-protection#e9acacbaaaadaa869990c7aca7bbada99c9a8d8683c78e869f"><span class="__cf_email__" data-cfemail="d5909086969196baa5acfb909b879195a0a6b1babffbb2baa3">[email protected]</span></a>), 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


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