Department of Justice Proposes Consent Decree for Idaho Mine Cleanup
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On June 3, 2025, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Idaho. This filing is part of a lawsuit called United States, et al. v. Nu-West Mining Inc. and Nu-West Industries, Inc., Civil Action No. 4:25-cv-00287-AKB.
The case involves claims made by the United States under Sections 106 and 113(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The Superfund law deals with cleaning up hazardous waste sites. Claims are also made by the State of Idaho and the Shoshone-Bannock Tribes. The case focuses on the East Mill Dump Sub-Operable Unit (EMDSOU) at the North Maybe Mine Site in Idaho.
The Consent Decree would resolve the government’s claims against the companies. The Decree would also resolve claims by Idaho and the Shoshone-Bannock Tribes under CERCLA Section 107 and 113(g)(2) for recovery of costs spent to address hazardous waste.
According to the Consent Decree, the companies will perform cleanup activities at the EMDSOU. These actions are to follow the September 1, 2022, Interim Record of Decision. The companies must also pay for oversight costs to the State of Idaho, the Shoshone-Bannock Tribes, and the United States Fish and Wildlife Service.
In return, the United States will not sue the companies under Sections 106 and 107(a) of CERCLA for the work agreed upon in the Consent Decree. The State and the Tribes will also not sue or take action under Sections 106 and 107(a) of CERCLA, the Idaho Environmental Protection & Health Act, the Hazardous Waste Management Act of 1983, and the Idaho Water Quality Act. The companies give the United States similar promises about not suing.
The public can comment on the Consent Decree. Comments must be sent no later than thirty days after June 10, 2025. Comments should be sent to the Assistant Attorney General of the Environment and Natural Resources Division. Comments can be submitted by email or by mail.
By email: “#{email}”
By mail: Assistant Attorney General, U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044-7611
Written comments may be included in the public court docket. During the public comment period, the Consent Decree is available for review and download at: https://www.justice.gov/enrd/consent-decrees
If assistance is needed to access the Consent Decree, requests can be made via the same email or mailing addresses provided.
Signed,
Kathryn C. Macdonald
Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division
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