[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Notices]
[Pages 26424-26425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12662]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on May 26, 2009, a proposed Consent 
Decree (``Decree'') in United States et al. v. Cyprus Tohono 
Corporation, Civil Action No. 4:09-cv-296, was lodged with the United 
States District Court for the District of Arizona.
    The consent decree resolves a claim against the Cyprus Tohono 
Corporation brought by the United States under section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9607, for damages for injuries to natural 
resources resulting from release of hazardous substances at the Cyprus 
Tohono Mine Site, located on the Tohono O'odham Nation, near North 
Komelik, Arizona.
    Under the Consent Decree, the Defendant will pay $825,000 for 
damages to the Department of the Interior and the Tohono O'odham 
Nation, collectively acting as Trustees of the injured natural 
resources. The consent decree includes a covenant not to sue by the 
United States and the Nation under CERCLA for past damages for past 
injuries to natural resources. All other claims, including claims under 
CERCLA for future damages, are reserved.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should reference

[[Page 26425]]

United States et al. v. Cyprus Tohono Corporation, Civil Action No. 
4:09-cv-296 and DOJ Ref. No. 90-11-2-1240/1.
    The Decree may be examined at the Office of Attorney General, Two 
Renaissance Square, 40 North Central Ave., Ste. 1200, Phoenix, AZ 
85004-4408. During the public comment period, the 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 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 ([email protected]), fax 
no. (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 $7 (25 cents per page reproduction cost) for a 
copy of the consent decree, 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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-12662 Filed 6-1-09; 8:45 am]
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