DOJ Proposed Modification to Consent Decree under CERCLA

FR: Justice Department

Published March 23rd, 2026

Detected March 21st, 2026

Summary

The Department of Justice has published a notice regarding the proposed modification of a consent decree under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This notice indicates a public comment period may be forthcoming or has recently closed, allowing for input on the proposed changes to the decree.

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What changed

The Department of Justice has lodged a proposed modification to an existing consent decree under CERCLA. This action, published in the Federal Register, signals a potential change to the terms of a prior agreement related to environmental cleanup. The specific details of the modification are not detailed in this notice, but it pertains to a consent decree, suggesting a resolution to a legal dispute or enforcement action concerning environmental liabilities.

This notice serves as an announcement of the proposed modification and may precede a public comment period where affected parties and the public can provide input. Compliance officers should monitor for further details on the specific changes to the consent decree, as these could impact ongoing environmental remediation efforts, responsible parties, or financial obligations. While no direct compliance deadline is stated, understanding the proposed changes is crucial for entities involved in or affected by the original consent decree.

What to do next

Monitor for public comment period details
Review proposed modification to consent decree for impact on operations

Source document (simplified)

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Legal Status

Notice

Notice of Lodging of Proposed Modification to Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

A Notice by the Justice Department on 03/23/2026

Document Details Published Content - Document Details Agency Department of Justice Document Citation 91 FR 13868 Document Number 2026-05593 Document Type Notice Page 13868
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Document Details Published Content - Document Details Agency Department of Justice Document Citation 91 FR 13868 Document Number 2026-05593 Document Type Notice Page 13868
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Department of Justice

On March 13, 2026, the Department of Justice lodged with the United States District Court for the Southern District of Alabama a proposed modification to the Consent Decree entered in a lawsuit entitled: United States v. BASF Corporation (f/k/a Ciba-Geigy Corporation), Civil Action No. 96-cv-0571-CB-M.

The proposed modification requires the defendant in the lawsuit to perform additional remedial actions at the Ciba-Geigy Superfund Site located about two miles north of McIntosh, Alabama. The U.S. Environmental Protection Agency (EPA) issued a Record of Decision in July 1995, selecting a remedy for Operable Unit 3 at the Site, and the Consent Decree previously entered by the court requires the defendant to implement the remedy. Based on soil, sediment, and water samples taken between 2019 and 2022, EPA issued an Amended Record of Decision in August 2024 selecting additional remedial measures for Operable Unit 3. The proposed modification to the Consent Decree will require the defendant to implement these measures.

The publication of this notice opens a period for public comment on the proposed modification. Comments should be addressed to the Acting Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. BASF Corporation (f/k/a Ciba-Geigy Corporation) D.J. Ref. No. 90-11-2-781B. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

| To submit comments: | Send them to: |
| --- | --- |
| By email | pubcomment-ees.enrd@usdoj.gov. |
| By mail | Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611. |
Any comments submitted in writing may be filed by the United States in whole or in part on the public court docket without notice to the commenter.

During the public comment period, the proposed modification may be examined and downloaded at this website: https://www.justice.gov/enrd/consent-decrees. If you require assistance accessing the proposed modification you may request assistance by email or by mail to the addresses provided above for submitting comments.

Scott Bauer,

Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.

[FR Doc. 2026-05593 Filed 3-20-26; 8:45 am]

BILLING CODE 4410-15-P

Published Document: 2026-05593 (91 FR 13868)