Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 3327 [06-509]

Download as PDF Federal Register / Vol. 71, No. 13 / Friday, January 20, 2006 / Notices either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. Issued: January 17, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–641 Filed 1–19–06; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE wwhite on PROD1PC65 with NOTICES Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on December 30, 2005, a proposed Consent Decree in the lead case Lyondell Chemical Co., et al. v. Albemarle Corp. et al., Civil Action No. 01CV890, consolidated with United States v. EPEC Polymers, Inc., 02CV003, and El Paso Tennessee Pipeline Co., et al. v. Chevron USA, Inc., et al., 03CV0225, was lodged with the United States District Court for the Eastern District of Texas. This settlement relates to the PetroChemical Systems, Inc. Superfunded Site located in Liberty County, Texas (‘‘the Site’’). On December 6, 2001, ARCO and Lyondell Chemical Company (successor to ACC) (hereinafter ‘‘ARCO/ Lyondell’’) sued a number of parties, including the Settling Defendants (Celanese, Ltd. and CNA Holdings f/k/ a Hoechst Celanese Corporation; Cook Composites and Polymers Co.; E.R. Carpenter, L.P., Successor in Interest to Carpenter Chemical Company; Hercules Incorporated; Texaco, Inc., as predecessor to Huntsman Petrochemical Corporation; NL Industries, f/k/a National Lead Company; Rexene Corporation, n/k/a Huntsman Polymers Corporation; and Vacuum Tanks, Inc.) to this Consent Decree, for cost recovery and contribution under CERCLA Sections 107 and 113, 42 U.S.C. 9607 and 9613, on the grounds that these parties were liable under CERCLA for the remediation of the Site. On January 3, 2002, the United States filed a complaint against EPEC Polymers, Inc. pursuant to CERCLA Section 107, 42 U.S.C. 9607, seeking, inter alia: (1) Reimbursement of response costs and (2) a declaratory judgment of liability for any future response costs incurred by the United States at the Site. EPEC VerDate Aug<31>2005 16:16 Jan 19, 2006 Jkt 208001 Polymers, Inc., as well as other El Paso Corporation entities (together hereinafter ‘‘El Paso’’) were also named in the ARCO/Lyondell matter and ultimately brought contribution claims against various parties including the Settling Defendants to this Consent Decree. Under the proposed Consent Decree, the United States provides covenants not to sue settling defendants under CERCLA Sections 106 and 107, 42 U.S.C. 9606 and 9607, in connection with the site. The proposed Consent Decree resolves the contribution claims brought by ARCO/Lyondell and El Paso against Settling Defendants and Settling Defendants shall pay the United States $37,000 for response costs incurred by the Environment Protection Agency at the Site and $369,000 to the contribution plaintiffs. The Department of Justice will receive for a period of third (30) days from the date of this publication comments relating to the Consent Decree. comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. EPEC Polymers, Inc., D.J. Ref. 90–11–3–709/1. The Consent Decree may be examined at the Office of the United States Attorney, Eastern District of Texas, 350 Magnolia Avenue, Suite 350, Beaumont, Texas 77657, and at U.S. EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202. During the public comment period, the Consent Decree, may also be examined on the following Department of Justice Web site, https://www.usdoj.gov/enrd/ open.html. A copy of the Consent 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 (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy by mail, from the Consent Decree Library, please enclose a check in the amount of $8.75 (25 cents per page reproduction cost) payable to the U.S. Treasury. Thomas A. Mariana, Jr., Assistant Chief, Environmental, Enforcement Section, Environment and Natural Resources Division. [FR Doc. 06–509 Filed 1–19–06; 8:45 am] BILLING CODE 4410–15–M PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 3327 DEPARTMENT OF JUSTICE Antitrust Division United States, State of Illinois, State of New York, and Commonwealth of Massachusetts v. Marquee Holdings, Inc. and LCE Holdings, Inc.; Complaint, Proposed Final Judgment, and Competitive Impact Statement Notice is hereby given pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. section 16(b) through (h), that a Complaint, proposed Final Judgment, Stipulation and Competitive Impact Statement have been filed with the United States District Court for the Southern District of New York in United States of America, State of Illinois, State of New York, and Commonwealth of Massachusetts v. Marquee Holdings, Inc. and LCE Holdings, Inc., Civil Action No. 05–10722. On December 22, 2005, the United States filed a Complaint alleging that the proposed merger of Marquee Holdings, Inc. and LCE Holdings, Inc. would violate Section 7 of the Clayton Act, 15 U.S.C. 18 by lessening competition for theatrical exhibition of first-run films in five cities: Boston, MA, New York, NY, Chicago, IL, Dallas, TX, and Seattle, WA. The proposed Final Judgment, filed at the same time as the Complaint, requires the defendants to divest firstrun, commercial theatres, along with certain tangible and intangible assets, in those five cities in order to proceed with the proposed $4 billion transaction. A Competitive Impact Statement filed by the United States on December 22, 2005 describes the Complaint, the proposed Final Judgment, the industry, and the remedies available to private litigants who may have been injured by the alleged violation. Copies of the Complaint, proposed Final Judgment and Competitive Impact Statement are available for inspection at the Department of Justice in Washington, DC in Room 200, 325 Seventh Street, NW., and at the Office of the Clerk of the United States District Court for the Southern District of New York, New York, New York. Copies of these materials may be obtained from the Antitrust Division upon request and payment of the copying fee set by Department of Justice regulations. Public comment is invited within 60 days of the date of this notice. Such comments, and responses thereto, will be published in the Federal Register and filed with the Court. Comments should be directed to John R. Read, Chief, Litigation III Section, Antitrust Division, United States Department of Justice, 325 7th Street, NW., Suite 300, E:\FR\FM\20JAN1.SGM 20JAN1

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[Federal Register Volume 71, Number 13 (Friday, January 20, 2006)]
[Notices]
[Page 3327]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-509]


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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 December 30, 2005, a proposed 
Consent Decree in the lead case Lyondell Chemical Co., et al. v. 
Albemarle Corp. et al., Civil Action No. 01CV890, consolidated with 
United States v. EPEC Polymers, Inc., 02CV003, and El Paso Tennessee 
Pipeline Co., et al. v. Chevron USA, Inc., et al., 03CV0225, was lodged 
with the United States District Court for the Eastern District of 
Texas.
    This settlement relates to the Petro-Chemical Systems, Inc. 
Superfunded Site located in Liberty County, Texas (``the Site''). On 
December 6, 2001, ARCO and Lyondell Chemical Company (successor to ACC) 
(hereinafter ``ARCO/Lyondell'') sued a number of parties, including the 
Settling Defendants (Celanese, Ltd. and CNA Holdings f/k/a Hoechst 
Celanese Corporation; Cook Composites and Polymers Co.; E.R. Carpenter, 
L.P., Successor in Interest to Carpenter Chemical Company; Hercules 
Incorporated; Texaco, Inc., as predecessor to Huntsman Petrochemical 
Corporation; NL Industries, f/k/a National Lead Company; Rexene 
Corporation, n/k/a Huntsman Polymers Corporation; and Vacuum Tanks, 
Inc.) to this Consent Decree, for cost recovery and contribution under 
CERCLA Sections 107 and 113, 42 U.S.C. 9607 and 9613, on the grounds 
that these parties were liable under CERCLA for the remediation of the 
Site. On January 3, 2002, the United States filed a complaint against 
EPEC Polymers, Inc. pursuant to CERCLA Section 107, 42 U.S.C. 9607, 
seeking, inter alia: (1) Reimbursement of response costs and (2) a 
declaratory judgment of liability for any future response costs 
incurred by the United States at the Site. EPEC Polymers, Inc., as well 
as other El Paso Corporation entities (together hereinafter ``El 
Paso'') were also named in the ARCO/Lyondell matter and ultimately 
brought contribution claims against various parties including the 
Settling Defendants to this Consent Decree.
    Under the proposed Consent Decree, the United States provides 
covenants not to sue settling defendants under CERCLA Sections 106 and 
107, 42 U.S.C. 9606 and 9607, in connection with the site. The proposed 
Consent Decree resolves the contribution claims brought by ARCO/
Lyondell and El Paso against Settling Defendants and Settling 
Defendants shall pay the United States $37,000 for response costs 
incurred by the Environment Protection Agency at the Site and $369,000 
to the contribution plaintiffs.
    The Department of Justice will receive for a period of third (30) 
days from the date of this publication comments relating to the Consent 
Decree. comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. EPEC Polymers, Inc., D.J. Ref. 90-11-3-709/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Eastern District of Texas, 350 Magnolia Avenue, Suite 
350, Beaumont, Texas 77657, and at U.S. EPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202. During the public comment period, the Consent 
Decree, may also be examined on the following Department of Justice Web 
site, https://www.usdoj.gov/enrd/open.html. A copy of the Consent 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 
(tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy by mail, from the Consent 
Decree Library, please enclose a check in the amount of $8.75 (25 cents 
per page reproduction cost) payable to the U.S. Treasury.

Thomas A. Mariana, Jr.,
Assistant Chief, Environmental, Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-509 Filed 1-19-06; 8:45 am]
BILLING CODE 4410-15-M
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