United States of America v. Cyprus Amax Minerals Company et al

Filing 19

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)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

United States of America,
Plaintiff,

10
11

Cyprus Amax Minerals Company; and
Western Nuclear, Inc.,

(Related Case No. CV-17-08007-PCT-DLR)

v.

12

No. CV-17-00140-PHX-DLR

13

ORDER

Defendants.

14
15
16

The United States, on behalf of the Environmental Protection Agency, commenced

17

this action by filing a complaint against Defendants Cyprus Amax Minerals Company

18

and Western Nuclear, Inc. on January 17, 2017. (Doc. 1.) The same day, the Navajo

19

Nation filed a similar suit against Defendants, Case No. CV-17-08007-PCT, which was

20

transferred to this Court on March 3, 2017. (Doc. 13.) The two cases arise from

21

Defendants' mining activities on Navajo Nation land and recovery of environmental

22

response costs and injunctive relief under CERCLA. The parties have agreed to a

23

proposed consent decree which, if approved, would resolve the claims in both cases.

24

(Doc. 5.)

25

Before the Court is the United States' unopposed motion to enter the proposed

26

consent decree. (Doc. 18.) Having reviewed the consent decree (Doc. 18-6), the Court

27

finds it to be fair, reasonable, and consistent with the objectives of CERCLA. The Court

28

therefore grants the United States' unopposed motion to enter the consent decree.

1

IT IS ORDERED that the United States' unopposed motion to enter the proposed

2

consent decree (Doc. 18) is GRANTED. The consent decree will be entered as a

3

separate document.

4

Dated this 19th day of May, 2017.

5
6
7
8
9

Douglas L. Rayes
United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-