United States of America v. Black Hills Nebraska Gas, LLC et al
Filing
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FINAL ORDER The Consent Decree (Filing No. [2-1]) is hereby entered as the Final Order in this case. The Court will likewise sign the actual Consent Decree, which will then be filed separately. Ordered by Judge Susan M. Bazis. (LRM)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
8:24CV425
vs.
FINAL ORDER
BLACK HILLS NEBRASKA GAS, LLC,
BRIGHTSPEED KANSAS HOLDINGS, LLC,
and NEBRASKA PUBLIC POWER
DISTRICT,
Defendants.
This matter is before the Court on an Unopposed Motion to Enter Consent Decree (Filing
No. 6), and Notice of Lodging of Proposed Consent Decree (Filing No. 2). The United States
requests that this Court enter the proposed Consent Decree to resolve claims under the
Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42
U.S.C. § 9601 et seq., and secure cost recovery and injunctive relief regarding the IowaNebraska Light & Power Company Superfund Site (“Site”) in Norfolk, Nebraska.
The Court has carefully reviewed the Consent Decree and the related documents. The
Court finds the Consent Decree is fair, reasonable, and in accordance with the CERCLA
requirements. The Court notes that a comment from the City of Norfolk Nebraska was received
during the public comment period—which has now closed. (Filing No. 8-1.) The City indicated
its support for the project set out in the Decree, but expressed a concern about impacts to the
community and use of an adjoining street. (Filing No. 8-1.)
The Court finds the Decree adequately addresses the City’s concern by requiring
consideration and reduction of community impacts. Defendant Brightspeed Kansas Holdings,
LLC is required to consider and mitigate impacts to the community through a Community
Impacts Mitigation Plan (“CIMP”), which must be submitted to the EPA for comment. (Filing
No. 2-1 at CM/ECF p. 197.) The City’s comment and contact information have been shared with
Defendants so they can communicate with the City in developing the CIMP. This process should
ensure that the City’s concerns regarding community impacts are addressed.
Accordingly,
IT IS ORDERED that the Consent Decree (Filing No. 2-1) is hereby entered as the Final
Order in this case. The Court will likewise sign the actual Consent Decree, which will then be
filed separately.
Dated this 27th day of January, 2025.
BY THE COURT:
Susan M. Bazis
United States District Judge
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