[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Notices]
[Pages 25499-25500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10289]


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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 April 24, 2012, a proposed Consent 
Decree in United States and State of Arizona v. Freeport-McMoRan Corp. 
et al. (``Freeport-McMoRan Morenci Consent Decree''), Civil Action No. 
4:12-cv-00307-HCE (D. Ariz.), was lodged with the United States 
District Court for the District of Arizona.
    The Complaint in this case was filed against Freeport-McMoRan 
Corporation and Freeport-McMoRan Morenci Inc. (collectively ``Freeport-
McMoRan'') on April 23, 2012. 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 Arizona that 
resulted from hazardous substance releases at and from Freeport-
McMoRan's Morenci Mine in southeastern Arizona. The Complaint further 
alleges that surface waters, 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 site.
    Under the settlement, Freeport-McMoRan will pay $6.8 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. Included in this amount is $98,138.70, which is 
designated as reimbursement of the Department of the Interior's 
remaining unpaid past natural resource damage assessment costs.
    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 Morenci 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#a2d2d7c0c1cdcfcfc7ccd68fc7c7d18fc7ccd0c6e2d7d1c6cdc88cc5cdd4"><span class="__cf_email__" data-cfemail="fb8b8e99989496969e958fd69e9e88d69e95899fbb8e889f9491d59c948d">[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 Arizona v. 
Freeport-McMoran Corp. et al., Case No. 4:12-cv-00307-HCE (D. Ariz.), 
D.J. Ref. 90-11-3-08069/1.
    During the public comment period, the Freeport-McMoRan Morenci 
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 Morenci 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#4c09091f0f080f233c356209021e080c393f282326622b233a"><span class="__cf_email__" data-cfemail="5b1e1e08181f18342b22751e15091f1b2e283f3431753c342d">[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 $8.75 (25 
cents per page reproduction cost) payable to the U.S.

[[Page 25500]]

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 Gluck,
Assistant Section Chief, Environmental Enforcement Section Environment 
and Natural Resources Division.
[FR Doc. 2012-10289 Filed 4-27-12; 8:45 am]
BILLING CODE 4410-15-P


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