Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 SUE ELLEN WOOLDRIGE, Assistant Attorney General
Environment & Natural Resources Division
2 United States Deparment of Justice

3 AN C. HUEY, Trial Attorney
District of

Columbia Bar No. 375676

4 Environmental Enforcement Section

Environment & Natual Resources Division
5 United States Deparment of Justice

301 Howard Street, Suite 1050
6 San Francisco, Californa 94105 Telephone: (415)744-6480

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PAUL K. CHARTON
8 United States Attorney

District of Arzona
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RICHAR PATRICK
10 Assistant U. S. Attorney

Arzona State Bar No. 05148 11 Two Renaissance Square
40 North Central Avenue, Suite 1200
12 Phoenix, Arzona 85004-4408

Telephone: (602) 514-7500
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ATTORNYS FOR PLAITIFF

UNTED STATES OF AMERICA

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
) ) ) ) ) ) ) ) ) )

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17 Crane Co., et aI.,

18 Plaintiff( s),

19 v.
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CN -Q3-2226-PHX-ROS CN -04-1400-PHX - ROS (Consolidated)

20 United States of America,

Defendant.

UNTED STATES' UNOPPOSED MOTION TO ENTER PARTIA CONSENT DECREE

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23 The United States of America (the "United States"), by authority ofthe Attorney General
24 of

the United States and through the undersigned attorneys, hereby moves this Cour to enter the

25 Parial Consent Decree (the "Decree") that was lodged with the Cour on April 26, 2006. On July

26 8, 2004, the United States, on behalf ofthe Administrator ofthe United States Environmental
27 Protection Agency ("EP A"), filed a complaint in this matter pursuant to Sections 106 and 107 of
28 the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42

Case 2:03-cv-02226-ROS

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1 U.S.C. §§ 9606 and 9607. By Order ofthe Cour, the United States' complaint was consolidated
2 with a complaint filed by defendants Crane Co. and Unidynamics/Phoenix, Inc. against the United

3 States and related paries under the consolidated caption, Crane Co. et aI. v. United States et aI.,

4 CIV 03-2226-PHX-ROS, CIV 04-1400-PHX-ROS (Consolidated). The Parial Consent Decree
5 resolves the claims in the United States' complaint.

6 After lodging the Parial Consent Decree, the United States published notice of the Decree
7 in the Federal Register and requested comments from the public on the proposed Decree for a
8 period ofthirt days. The United States received two comment letters, submitted by the Cities of

9 Goodyear and Avondale.

10 The two comment letters do not oppose entr of the Decree, but instead seek assurances
11 that the Cities will be kept informed regarding the implementation of the Site remedy under the
12 settlement. The United States has carefully considered the comments and concluded that they do

13 not raise issues that would cause it to withdraw its consent to the Decree. The United States

14 continues to believe that the proposed Decree is fair, reasonable, and consistent with the puroses
15 CERCLA, and the Defendants do not oppose entr of

the Decree. Therefore, for the reasons set

16 forth herein and in the accompanying memorandum, the United States respectfully moves this

17 Court to approve, sign, and enter the proposed Parial Consent Decree.
18 Dated: June 20, 2006
Respectfully submitted,

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SUE ELLEN WOOLDRIGE
Assistant Attorney General Environment & Natual Resources Division United States Deparment of Justice
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AN C.
Trial Attorne Environmen al Enforcement Section United States Deparment of Justice

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PAUL K. CHARTON United States Attorney

Distrct of Arzona

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RICHAR PATRICK
Assistant United States Attorney
OF COUNSEL:

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BETHAN DREYFUS
5 Assistant Regional Counsel

United States Environmental Protection Agency
6 Region IX - ORC-3

75 Hawthorne Street
7 San Francisco, CA 94105

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Case 2:03-cv-02226-ROS

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