Navajo Nation v. Cyprus Amax Minerals Company et al

Plaintiff: Navajo Nation
Defendant: Cyprus Amax Minerals Company and Western Nuclear Incorporated
Case Number: 3:2017cv08007
Filed: January 17, 2017
Court: Arizona District Court
Office: Prescott Division Office
County: Apache
Presiding Judge: G Murray Snow
Nature of Suit: Environmental Matters
Cause of Action: 42:6901
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
May 22, 2017 26 Opinion or Order of the Court ORDER - CONSENT DECREE: In order to ensure completion of the Work, Settling Defendants shall secure financial assurance, in an amount determined in accordance with paragraph 27, for the benefit of EPA. The Financial Assurance Amount shall be the sum of estimated costs for Work under all Decision Documents for which EPA has not yet issued a Notice of Completion, pursuant to Section 10.8 of the SOW. The Financial Assurance Amount shall also include an additional amount of $29.4 million until EPA issues a Notice of Completion for the First Component of Work. Within 30 days after the Effective Date, Settling Defendants shall pay to EPA $1,506,915.01 for Past Response Costs. Within 30 days after the Effective Date, Settling D efendants shall pay NNEPA $8,099.60 for Navajo Nation Past Response Costs. As soon as reasonably practicable after the Effective Date, the United States on behalf of the SFAs shall pay to EPA $1,506,915.01 for Past Response Costs. As soon as reasonably practicable after the Effective Date, the United States on behalf of the SFAs shall pay NNEPA $8,099.59 for Navajo Nation Past Response Costs. Within 30 days after the Effective Date, Settling Defendants shall pay NNEPA $100 ,000 as an initial payment toward Future Response Costs. Following the Effective Date, and as soon as reasonably practicable following receipt of payment instructions from the Trustee, the United States shall deposit $335 million into the Tru st Account created pursuant to the Trust Agreement that the United States and Settling Defendants shall execute. In the event that EPA assumes performance of a portion or all of the Work pursuant to 70 (Work Takeover), Settling Defendants shall be liable for a stipulated penalty in the amount of $ 6 million, payable in equal share to the United States and the Navajo Nation. This CD and its appendices constitute the final, complete, and exclusive agreement and understanding among the P arties regarding the settlement embodied in the CD. The Parties acknowledge that there are no representations, agreements, or understandings relating to the settlement other than those expressly contained in this CD.Upon entry of this CD by the Cou rt, this CD shall constitute a final judgment between and among the United States, the Navajo Nation, and Settling Defendants. The Court enters this judgment as a final judgment under Fed. R. Civ. P. 54 and 58. (See document for full details). Signed by Judge Douglas L Rayes on 5/22/17. (LAD)
May 19, 2017 25 Opinion or Order of the Court ORDER - IT IS ORDERED that the Navajo Nation's unopposed motion to enter the proposed consent decree (Doc. 23 ) is GRANTED. The consent decree will be entered as a separate document. (See document for further details). Signed by Judge Douglas L Rayes on 5/19/17.(SLQ)

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Plaintiff: Navajo Nation
Represented By: Jill Elise Grant
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Defendant: Cyprus Amax Minerals Company
Represented By: Bradley Joseph Glass
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Defendant: Western Nuclear Incorporated
Represented By: Bradley Joseph Glass
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