Free Motion for Preliminary Injunction - District Court of Delaware - Delaware

Case 1:06-cv-00022-KAJ Document 3-2 Filed O1/11/2006 Page 1 of 1 _
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EPA"I‘€•€CtS I`0 M
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settlement from t
. Bv Nancy Gnnnoen had extended negotiat o s u il_
- woato-nnnntosrnrr-"wnrrsa five- 31 _— the Wt ·
• since spring. **;,1 ,_ nt . 1
The EPA has rejected an rtvg feelthatpmg V
$11 million offer by Union Pa- made so we arc C0 1
cificRailroadtosettleitsliability cussionsfsaid Bob ‘··` ,
over the extensive lead contami- ngtgy fm- the EPA ] 1
nation on the city’seast side. thermore, Feilcl sai _d1- ¤
I Instead, the Environmental had already broaden ji
Protection Agency is pushing t to include ¤¤h<·=r<>¤mr a t "
railroad to assume full liability The agency has lo ` 'T ar 'dd .
forthe cleanup, which couldtotal four companies, Asarco, Union ‘
morethan $70 million. Pacific, Aaron Fcrer R tg., -,,e.,;n,
The proposals are part of the Gwld E1€¤U'0¤i€S·
mcctitc-icttg ttcgcttcnonc taking has Settlement vffsrs =.»
place between Ur. ono the EPA. ron Ferer and Gould. in a · tion ~
The negotiations are much like {OU-P- “
buyingacar—one side startsout However, it is Asarco r —
low and the EPA
other high, Federal negotiators is. __ _ ~
_ E Eff? went the railroad to
- ing an accept- 3.008lIt {ilu C
?i‘;§_E ‘“""“" responsibility for of
On Monday load contamination
spilled into the gf? i``-
public arena after Union Pacific Asarco operated a le " ,
i concluded that the EPA had had in downtown Omaha ,
· enough and was preparing legal than 100 years. Uni
1 action. simply leased land to
, On behalf of U.P., Nebraska’s the refinery.
, entire congressional delegation Union Pacific als _
_ i sent a letter to the head of the terioratinglead G1-_ t . _n · ‘
_ EPA, Stephen Johnson, request- cause of 1} ~E;_
ing that the agency "refrain from Because of that, ij
‘ anyuuilateralactionf cials have said
The letter, which was signed settlement offer s “
by Sens. Ben Nelson and Chuck solving problems
l Hagel and Reps. Lee Terry, Jeff rating paint. ;
Fortenberry and Tom Osborne, The EPA tg ,;_;.T§_??.‘-¤Y Q.;
_ further criticized Johnson for pursue Asarco g y · ·¥ l
· ` not keeping them apprised of the of a previous legal I *_ Q
possible legal action and for It0t which Asarco ;
goingafterothercompatties. federal
Also on Monday afternoon, in exchange for ` `-tt , .
— U,P,issu·ir ‘wo-page statement moratorium On QY=;·=i2 i to
saying g n ilft i fight EPA ad- against it for doze ..·- iff
ministra _ and in the courts. tionwide in winch it I
p Kathryff " lackwel1, spokes- A liable. That morato ·¤
woman fo· he railroad, said the February 2006. `
. company issued the press re- The negotiations ·
· lease after being told by the De- the actual cleanup
_ ' partment of Justice that the gov- EPA is paying for .
ernment was moving forward pending the I`?
s withaunilateral order. tiations with the v 1
` By day’s end, though, the EPA nies. .