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State v. United States

United States District Court, D. Maine

August 18, 2016

THE STATE OF MAINE, through the MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          Peter B. LaFond, Assistant Attorney General Maine Office of Attorney General

          JOHN C. CRUDEN Assistant Attorney General Environment and Natural Resources Division

          CONSENT DECREE

          JOHN A. WOODCOCK, JR. United States District Judge.

         WHEREAS, Plaintiff the State of Maine (the “State”) filed the Complaint herein against Defendant the United States of America (“United States”), alleging that the United States is a potentially responsible party under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), as amended, 42 U.S.C. § 9601 et seq., in connection with the Portland Bangor Waste Oil site in Ellsworth, Maine (“Ellsworth PBWO Site”), and the Portland Bangor Waste Oil site in Casco, Maine (“Casco PBWO Site”) (collectively the “Sites”) as defined herein;

         WHEREAS, the State alleges that the Maine Department of Environmental Protection (“MDEP”), an agency of the State, incurred and will incur response costs within the meaning of CERCLA with respect to the Sites and seeks to recover response costs from the United States in this action;

         WHEREAS, the State and the United States agree that settlement of this case is in the public interest, that settlement of this matter will avoid the costs and uncertainties of further litigation, and that entry of this Decree is the most appropriate means of resolving the claims against the United States in this case;

         WHEREAS, this Decree is intended to constitute a complete and final settlement of the State’s claims set forth in the Complaint regarding the Sites; and

         WHEREAS, the Court finds that this Decree is a reasonable and fair settlement of the claims in this case, and that this Decree adequately protects the public interest.

         THEREFORE, before the taking of any testimony upon the pleadings, without further adjudication of any issue of fact or law, and upon consent of the parties hereto by their authorized representatives, it is hereby ORDERED, ADJUDGED and DECREED as follows:

         I. JURISDICTION AND VENUE

         1. This Court has subject matter jurisdiction over claims in the Complaint, pursuant to 28 U.S.C. § 1331 (Federal Question), and 42 U.S.C. §§ 9607 and 9613(b) (CERCLA). This Court has personal jurisdiction over the Parties.

         2. Venue is proper in the District of Maine pursuant to 42 U.S.C. § 9613(b) (CERCLA), and 28 U.S.C. § 1391(b) and (c), because the United States conducts business in this District, the Sites are located in this District, the alleged releases occurred in this District, and the causes of action alleged in this matter arose in this District.

         II. PARTIES BOUND

         3. The obligations of this Decree shall apply to and be binding upon the United States and the State, including their respective officers, agents, and employees.

         III. DEFINITIONS

         4. Unless otherwise expressly provided herein, terms used in this Decree which are defined in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to them in CERCLA or in such regulations. Whenever terms listed ...


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