Case 2:01-cv-00040-DB Document 447 Filed 01/19/21 PageID.4133 Page 1 of 5
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`JONATHAN D. BRIGHTBILL
`Acting Assistant Attorney General
`Deborah M. Reyher
`Admitted pro hac vice
`Senior Counsel
`Environment and Natural Resources Division
`Environmental Enforcement Section
`U.S. Department of Justice
`P.O. Box 7611
`Washington, D.C. 20044
`(202) 514-4113; (202) 532-3314
`Deborah.Reyher@usdoj.gov
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`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF UTAH, CENTRAL DIVISION
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`UNITED STATES OF AMERICA,
`Plaintiff,
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`MAGNESIUM CORPORATION OF
`AMERICA, et al.,
`Defendants.
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`Case No. 2:01CV0040B
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`Judge __________
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`NOTICE OF LODGING OF CONSENT DECREE
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`Plaintiff the United States, by authority of the Attorney General of the United States and
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`through the undersigned attorneys, hereby notifies the Court that, pursuant to 28 C.F.R. § 50.7,
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`the Consent Decree attached hereto is being lodged in this civil action and, once entered after
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`public notice and comment, will resolve the allegations of the Complaint filed in this case in
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`2001. If entered, the Consent Decree would resolve the Plaintiffs’ claims against US Magnesium
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`LLC (“USM”), the Renco Group, Inc. (“Group”), the Ira Leon Rennert Revocable Trusts
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`(“Trusts”), and Mr. Ira Leon Rennert (“Rennert”) collectively “Defendants,” for alleged
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`violations of the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. §§
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`6901–6992k, at USM’s magnesium production facility in Rowley, Utah. USM’s facility is the
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`Case 2:01-cv-00040-DB Document 447 Filed 01/19/21 PageID.4134 Page 2 of 5
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`largest producer of magnesium metal in the northern hemisphere. The Consent Decree also
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`would resolve claims by Plaintiff/Intervenor, United Steelworkers of America - renamed the
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`United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Services
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`Workers International Union, AFL-CIO/CLC (“USW”) - and Local 8319, alleged in a Complaint
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`in Intervention filed on July 27, 2004, alleging violations of RCRA at the USM facility.
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`If entered, the Consent Decree will require USM to implement extensive process changes
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`at its facility, including the recycling of certain wastes and construction of a filtration plant to
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`treat all process wastewaters to remove dioxins, furans, hexachlorobenzene and PCBs. It also
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`will require USM to implement various measures to ensure that it remains in compliance with
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`RCRA requirements, and provides for financial assurance to ensure remediation and ultimate
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`closure of the facility. USM also will implement new protocols to ensure greater protection to
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`workers at the plant.
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`This settlement also requires USM, pursuant to the Comprehensive Environmental
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`Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq. (“CERCLA”), to
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`construct a barrier wall around a 1,700 acre portion of the facility over the next five years to
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`prevent leaks or breaches of hazardous materials to the Great Salt Lake. USM will spend
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`approximately $37 million to implement the RCRA injunctive relief and at least $5.9 million to
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`implement the CERCLA Response Action. As further relief, USM will pay a civil penalty of
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`$250,000. The settlement also will resolve claims against USM’s parent entities, Group, Trusts,
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`and Rennert.
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`No action by the Court is required at this time. Pursuant to Department of Justice
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`regulations codified at 28 C.F.R. § 50.7, Section 122(d)(2) of CERCLA, 42 U.S.C. § 9622(d)(2),
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`and Paragraph 118 of the Consent Decree, the United States is required to publish a notice in the
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`Case 2:01-cv-00040-DB Document 447 Filed 01/19/21 PageID.4135 Page 3 of 5
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`Federal Register that the proposed Consent Decree has been lodged with the Court. The notice
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`will solicit public comment for a period of thirty (30) days. The thirty-day period will begin on
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`the date that notice of the lodging of the proposed Consent Decree is published in the Federal
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`Register.
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`After the public comment period has expired, the United States will inform the Court of
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`any public comments received and any responses thereto. If, after reviewing the public
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`comments, the Environment and Natural Resources Division of the United States Department of
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`Justice concludes that the proposed Consent Decree should be entered, the United States will
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`seek its entry as a final order of the Court. Because of the public comment period, we
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`respectfully request that the Court not execute the proposed Consent Decree at this time.
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`WHEREFORE, plaintiff respectfully requests that this Court receive the proposed
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`Consent Decree for lodging only, and that it refrain from acting upon the same until the period
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`for public comment has expired and the United States has moved for entry of the proposed
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`Consent Decree.
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`Respectfully submitted,
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`FOR THE UNITED STATES OF AMERICA
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`JONATHAN D. BRIGHTBILL
`Acting Assistant Attorney General
`Environment and Natural Resources Division
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`/s/ Deborah M. Reyher
`DEBORAH M. REYHER
`Senior Counsel
`Environment and Natural Resources Division
`Environmental Enforcement Section
`U.S. Department of Justice
`P.O. Box 7611
`Washington, D.C. 20044
`(202) 514-5484
`deborah.reyher@usdoj.gov
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`John K. Mangum (Utah Bar #2072)
`Assistant United States Attorney
`111 South Main St., #1800
`Salt Lake City, Utah 84111
`(801) 524-5682
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`JOHN W. HUBER (UTAH BAR #7226)
`United States Attorney, District of Utah
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`Case 2:01-cv-00040-DB Document 447 Filed 01/19/21 PageID.4137 Page 5 of 5
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`CERTIFICATE OF SERVICE
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`I hereby certify that the Notice of Lodging of Consent Decree was served on counsel for
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`the Defendants and Plaintiff/Intervenor listed below by electronic mail on January 19, 2021.
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`To USM
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`M. Lindsay Ford
`Parsons Behle & Latimer
`South Main Street, Suite 1800
`Salt Lake City, UT 84111
`LFord@parsonsbehle.com
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`To Group, Trusts and Rennert
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`Laurence S. Kirsch
`Sidley & Austin
`1501 K Street, N.W.
`Washington, D.C. 20005
`lkirsch@sidley.com
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`To USW:
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`Joseph M. Santarella Jr.
`Santarella & Eckert, LLC
`7050 Puma Trail
`Littleton, CO 80125
`jmsantarella.sellc@comcast.net
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`/s/ Deborah M. Reyher
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