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

On September 22, 2026, the Department of Justice lodged with the United States District Court for the Northern District of West Virginia a proposed modification to the consent decree entered by the Court on March 21, 2019 in the lawsuit entitled United States of America and State of West Virginia v. Exxon Mobil Corporation, Civil Action No. 1:18-00195-TSK.

The Consent Decree resolved claims asserted by the United States and the State of West Virginia against Exxon Mobil Corporation (“Exxon”) for injunctive relief and costs pursuant to Sections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. 9606 and 9607, in connection with the Sharon Steel Corporation/Fairmont Coke Works Superfund Site in Fairmont, West Virginia (“Site”).

The Consent Decree, among other things, requires Exxon to implement the remedy selected by EPA for the Site in a Record of Decision (“ROD”), dated December 19, 2017. That remedy included installation of a permeable reactive barrier to address groundwater contamination, remediation of wetlands, and institutional controls. Exxon has completed the wetlands remediation and institutional controls components of the selected remedy.

In planning for the groundwater component of the selected remedy, the Parties determined that a permeable reactive barrier would not be effective in achieving the remedial action objectives in the estimated time frame identified in the ROD and would require perpetual maintenance. In lieu of a permeable reactive barrier, Exxon developed and proposed a more direct source of treatment—Liquid Alkaline Injection—which can remediate contaminated groundwater more quickly and effectively than the reactive barrier.

Earlier this year, following a 30-day public comment period, EPA amended the ROD for the Site to require Liquid Alkaline Injection rather than a permeable reactive barrier. The proposed modification would (1) require Exxon to implement the groundwater component of the selected remedy as amended by the 2026 ROD amendment, (2) modify related provisions of the Consent Decree, and (3) update notice and reporting requirements.

The publication of this notice opens a period for public comment on the modification to consent decree. Comments should be addressed to the Assistant Attorney General, Energy and Natural Resources Division, and should refer to United States and State of West Virginia v. Exxon Mobil Corporation, D.J. Ref. No. 90-11-3-06663/2. 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 in whole or in part on the public court docket without notice to the commenter.

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