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ARTICLE ID 195397

$________ – Environmental Liability – DOJ – CERCLA – Justice department sues magnesium recycling yard – Response costs.

U.S. District Court, Western District, Pennsylvani

In this action, the United States sought recovery of U.S. Environmental Protection Agency (EPA) response costs relating to a magnesium recycling facility in Pennsylvania. The matter was resolved via consent decree.

Between ________ and October ________, Reactive Metals and Alloys Corporation through several related parties, including Remacor, Inc., operated a rare earth mineral and magnesium recycling facility off Route ________ in West Pittsburg, Pennsylvania. The facility accepted magnesium fines, turnings, shavings, and some solid magnesium scrap from customers including the defendants. Inspection reports by the Pennsylvania Department of Environmental Protection (PPADEP) list multiple instances of potential discharge of hazardous substances from the site – including process waste and shipped magnesium wastes left exposed to rain and snow – as well as disposal practices that resulted in spills, leaks, runoff into nearby rivers, and chemical fires. In ________, one such fire destroyed the main processing building. Thereafter, Remacor continued to accept and stockpile magnesium waste, despite having no ability to process and recycle it. Beginning in September 15, ________, the EPA and PADEP conducted an emergency removal action at the site, removing ________ pounds of hazardous magnesium waste, as well as other solid waste.

The United States filed suit in the U.S. District Court for the Western District of Pennsylvania on behalf of the EPA pursuant to Section ________ of the Comprehensive Environmental Response, Compensation and Liability Act of ________ (CERCLA). The plaintiff sought reimbursement of response costs incurred, or to be incurred, for response actions in connection with the release or threatened release of hazardous materials at the site. Defendants in the suit included: Magnesium Products of America, Inc., Spartan Light Metal Products LLC, PACE Industries on Behalf of Leggett, and Platt, Inc., SPX Corporation on behalf of Contech, Garfield Alloys, Inc. (MagReTech, Inc.) and American Iron & Metal, Inc.The matter was resolved via consent decree for $________ in response costs, resolving claims against the defendants listed.

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