U.S., ET AL. VS. NCR CORPORATION

December 11, 2019 the United States filed a complaint pursuant to Sections 106 and 107 of CERCLA against NCR related to contamination at the Allied Paper/Portage Creek/Kalamzoo River Superfund Site (a matter where I previously testified as an expert regarding quantities of historical waste and byproducts.) In connection with the filing of that complaint, a draft Consent Decree was lodged whereby NCR will reimburse federal and state agencies for certain costs.  Per a Federal Register notice NCR will perform an estimated $135.7 million cleanup of the Kalamazoo River and pay an additional $109.5 million in past and future Site costs including natural resource damages.  In addition, if the CD is approved, NCR will drop its appeal of the District Court’s 2018 ruling awarding Georgia Pacific 40% of a portion of past costs totaling approximately $19.8 million.  The comment period has been extended to February 18, 2020.  See https://www.justice.gov/enrd/consent-decree/us-et-al-vs-ncr-corporation  

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