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

On December 14, 2021, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Southern District of Illinois in the lawsuit entitled United States v. Pharmacia LLC, et al., Civil Action No. 21-1681.

The United States filed a Complaint in this lawsuit under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The United States' complaint names Pharmacia LLC and Solutia Inc. as defendants. The complaint requests recovery of oversight and other response costs that the United States incurred in connection with remedial efforts taken in Sauget Area 2 and an order requiring completion of remedial work selected in a Record of Decision for Sauget Area 2 located in Sauget, St. Clair County, Illinois. The defendants signed the proposed Consent Decree, agreeing to pay a total of $700,000 in response costs and complete the work, estimated to cost $17.9 million. In addition, two property owners in Sauget Area 2, the Village of Sauget and Eagle Marine Industries, Inc., have signed the Consent Decree agreeing to provide access to the defendants to complete the work. Finally, 148 Settling Non-Participating Parties, each of which entered into settlements with Solutia and Pharmacia, have joined the Consent Decree agreeing to forego further litigation over their liability in Sauget Area 2. In return, the United States agrees not to sue the defendants under sections 106 and 107 of CERCLA related to this work.

The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Pharmacia LLP, et al., D.J. Ref. No. 90-11-2-06089/7. 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:

During the public comment period, the proposed Consent Decree may be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the proposed Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

Please enclose a check or money order for $116.75 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without Appendices C and E (the Record of Decision and signature pages of the Settling Non-Participating Parties listed in Appendix A), the cost is only $30.25.