United States of America v. Cytec Industries, Inc. et al
| United States of America |
| KeySpan Gas East Corporation d/b/a National Grid, Cytec Industries, Inc. and KeySpan Gas East Corporation doing business as National Grid |
| 7:2020cv06916 |
| August 26, 2020 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Nelson Stephen Roman |
| Environmental Matters |
| 42 U.S.C. ยง 9607 |
| None |
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Filing 6
CONSENT DECREE. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: The Settling Defendants hereby admit, acknowledge, and accept responsibility for the following as further set forth in this Judgment. Defendant Cytec hereby admits, acknowledges, and accepts responsibility for delivering 365 pounds of spent chemical catalyst containing scrap mercury to Port Refinery during its period of operations. Defendant National Grid hereby admits, acknowledge, and accept responsibility for the delivery to Port Refinery, by the Long Island Lighting Company ("LILCO"), a predecessor-in-interest of KeySpan Gas East Corporation d/b/a National Grid, of mercury regulators containing scrap mercury during Port Refinery's period of operations. Within 30 days after the Effective Date, each Settling Defendant shall pay to the EPA Hazardous Superfund the amount set forth for such Settling Defendant in Appendix A to this Consent Decree. The United States reserves, and this Consent Decree is without prejudice to, all rights against Settling Defendants with respect to all matters not expressly included within Section VIII (Covenants by United States). Notwithstanding any other provisions of this Consent Decree, the United States reserves all rights against each Settling Defendant with respect to as further set forth in this Judgment. Settling Defendants convenant not to sue and agree not to assert any claims or causes of action against the United States, or its contractors or employees with respect to the Site and this Consent Decree, including but not limited to as further set forth in this Judgment. This Court shall retain jurisdiction over this matter for the purpose of interpreting and enforcing the terms of this Consent Decree. Upon approval and entry of this Consent Decree by the Court, this Consent Decree shall constitute the final judgment between and among the United States and Settling Defendants. The Court enters this Judgment as a final judgment under Fed.R.Civ.P. 54 and 58. Clerk of Court requested to terminate the motion (doc. 4). So Ordered. (Signed by Judge Nelson Stephen Roman on 10/22/20) (yv) Modified on 10/22/2020 (yv).
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| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Andrew E. Krause. Please note that this is a reassignment of the designation only. (ad) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION to Approve Consent Judgment . . Document filed by United States of America..(Sun, Anthony) |
| Filing 4 MOTION to Approve Consent Judgment . Document filed by United States of America..(Sun, Anthony) |
| Case Designated ECF. (sj) |
| Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Anthony Jan-Huan Sun. The following case opening statistical information was erroneously selected/entered: County code Westchester. The following correction(s) have been made to your case entry: the County code has been modified to New York. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Anthony Jan-Huan Sun. The party information for the following party/parties has been modified: Keyspan Gas East Corporation. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly. (sj) |
| Filing 3 NOTICE of Lodging of Proposed Consent Decree. Document filed by United States of America. (Attachments: #1 Exhibit 1 - Proposed Consent Decree).(Sun, Anthony) |
| Filing 2 CIVIL COVER SHEET filed..(Sun, Anthony) |
| Filing 1 COMPLAINT against Cytec Industries, Inc., KeySpan Gas East Corporation d/b/a National Grid. Document filed by United States of America..(Sun, Anthony) |
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