Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

On June 5, 2026, the Department of Justice lodged a proposed consent decree with the United States District Court for the Western District of Missouri in the lawsuit entitled United States and the State of Missouri v. U.S. Borax, Inc., Civil Action No. 4:26-cv-00482-FJG.

The complaint asserts claims under section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9607(a), and Missouri state laws, against U.S. Borax, Inc. for payment of response costs incurred by the United States and the State to address releases of hazardous substances at the Armour Road Superfund Site in North Kansas City, Missouri. The proposed consent decree requires U.S. Borax, Inc. to implement an interim remedy selected by EPA to address arsenic-contaminated groundwater at the Site and to reimburse response costs incurred by the United States and the State. In return, U.S. Borax, Inc. will receive a covenant not to sue under sections 106 and 107 of CERCLA and sections 260.510 and 260.530 of the Missouri Revised Statutes.

The publication of this notice opens a period for public comment on the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural ( printed page 35575) Resources Division, and should refer to United States and the State of Missouri v. U.S. Borax, Inc., D.J. Ref. No. 90-11-3-08035/4. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

Any comments submitted in writing may be filed by the United States in whole or in part on the public court docket without notice to the commenter.

During the public comment period, the consent decree may be examined and downloaded at this Justice Department website: https://www.justice.gov/​enrd/​consent-decrees. If you require assistance accessing the consent decree, you may request assistance by email or by mail to the addresses provided above for submitting comments.