The U.S. Department of Justice's (DOJ) Environment and Natural Resources Division (ENRD) has announced an extension to the timeline for finalizing a settlement against several companies alleged to have polluted the Passaic River in New Jersey, a part of the Diamond Alkali Superfund site. The Passaic River is among the longest existing and extensively contaminated sites listed on the U.S. Environmental Protection Agency’s (EPA) National Priority List of polluted locations requiring remediation.
As per a court filing by Assistant Attorney General Todd Kim in November 2023, at the U.S. District Court for the District of New Jersey, the DOJ has evaluated public comments submitted earlier that year and determined that certain aspects of the settlement or consent decree "should be modified." The modifications will include excluding "a small number of parties" from the settlement. Kim stated that the DOJ plans to file a Motion to Enter the updated consent decree by January 31, 2024, without opening an additional public comment period.
In December 2022, according to a press release, the DOJ proposed a consent decree requiring 85 potentially responsible parties to contribute a total of $150 million towards cleaning up the Diamond Alkali Superfund Site. First Assistant U.S. Attorney Vikas Khanna for the District of New Jersey said at that time, "Newark, Harrison, and many other vibrant communities have borne the brunt of pollution along the Lower Passaic River for too long," adding that "This agreement is an important step forward. It will support significant cleanup efforts that restore this historic waterway, advance a new chapter of responsible land use, and return the river to the people of New Jersey."
The cost projected for cleaning up this site stands at least $1.8 billion, making it history's most expensive remediation under the superfund program as reported by the New Jersey Monitor. Walter Mugdan, EPA Region 2 Acting Administrator, said in 2021, "We expect 100% of the costs to come from the polluters."
Among the companies involved in the settlement are BASF, Chevron, Tiffany & Co., Otis Elevator, and Sherwin-Williams as reported by Politico. However, a 2020 allocation report determined that Occidental Chemical Corp., also known as OxyChem, should bear most of the cleanup costs. OxyChem has opposed this settlement.
The ENRD is a litigating arm of the DOJ that handles environmental matters according to its website. The division includes the Office of Environmental Justice which pursues "environmental justice" across all sections of the DOJ and is headed by Kim.
