NOTICE AND OPPORTUNITY FOR PUBLIC COMMENT ON SECOND LODGING OF AMENDMENT TO 2008 CONSENT DECREE BETWEEN SHELL OIL COMPANY AND THE STATE OF COLORADO UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA)
On April 21, 2023, the State of Colorado (the “State”) and Shell Oil Company, now known as Shell USA, Inc. (“Shell”) lodged a proposed Amendment to 2008 Consent Decree between Shell Oil Company and the State of Colorado (“Amendment to Consent Decree”) with the United States District Court for the District of Colorado in the lawsuit entitled State of Colorado v. United States of America, Shell Oil Company, et al., Civil Action No. 1:83-cv-02386-WYD.
The public may comment on the proposed Amendment to Consent Decree through May 31, 2023 via the process described below.
The original Consent Decree between the State and Shell was entered on September 22, 2008 and resolved issues related to the State’s injured natural resources at the Rocky Mountain Arsenal.
The proposed Amendment to Consent Decree removes the requirement that certain recovered funds only be used for projects selected by the former Northeast Greenway Corridor workgroup while retaining the requirement that these funds be used only to restore, replace or acquire the equivalent of the injured natural resources.
Publication of this notice opens a period for public comment, as required by Section 122(d)(2) of CERCLA. Comments may be submitted by U.S. Mail or by email. To submit comments by email, send them to: NRDpubliccomments@coag.gov. To submit comments by U.S. Mail, send them to:
Colorado Natural Resource Damages Trustees
c/o Colorado Office of the Attorney General
Natural Resources and Environment Section
Hazardous & Solid Waste / CERCLA Unit
Denver, CO 80203
During the public comment period, the proposed Amendment to Consent Decree may be reviewed and downloaded here.
A paper copy of the proposed Amendment to Consent Decree will be provided upon written request sent to the email address or mailing address set out above for submitting comments.
After the close of the comment period, the State and Shell will present all comments received to the court. The court will consider the comments and any response and then decide whether to approve the Amendment to Consent Decree as proposed.