United States of America v. Cyprus Amax Minerals Company et al
Filing
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ORDER granting 18 the United States' unopposed motion to enter the proposed consent decree. The consent decree will be entered as a separate document. Signed by Judge Douglas L Rayes on 5/19/17.(EJA)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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United States of America,
Plaintiff,
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Cyprus Amax Minerals Company; and
Western Nuclear, Inc.,
(Related Case No. CV-17-08007-PCT-DLR)
v.
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No. CV-17-00140-PHX-DLR
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ORDER
Defendants.
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The United States, on behalf of the Environmental Protection Agency, commenced
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this action by filing a complaint against Defendants Cyprus Amax Minerals Company
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and Western Nuclear, Inc. on January 17, 2017. (Doc. 1.) The same day, the Navajo
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Nation filed a similar suit against Defendants, Case No. CV-17-08007-PCT, which was
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transferred to this Court on March 3, 2017. (Doc. 13.) The two cases arise from
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Defendants' mining activities on Navajo Nation land and recovery of environmental
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response costs and injunctive relief under CERCLA. The parties have agreed to a
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proposed consent decree which, if approved, would resolve the claims in both cases.
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(Doc. 5.)
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Before the Court is the United States' unopposed motion to enter the proposed
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consent decree. (Doc. 18.) Having reviewed the consent decree (Doc. 18-6), the Court
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finds it to be fair, reasonable, and consistent with the objectives of CERCLA. The Court
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therefore grants the United States' unopposed motion to enter the consent decree.
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IT IS ORDERED that the United States' unopposed motion to enter the proposed
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consent decree (Doc. 18) is GRANTED. The consent decree will be entered as a
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separate document.
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Dated this 19th day of May, 2017.
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Douglas L. Rayes
United States District Judge
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