# Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act
On November 8, 2023, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Northern District of Indiana in the lawsuit entitled *United States and the State of Indiana* v. *Cleveland-Cliffs Burns Harbor LLC and Cleveland-Cliffs Steel LLC,* Case No. 23-381 (N.D. Ind.).
The Complaint seeks compensation for natural resource damages relating to a steel manufacturing and finishing facility in Burns Harbor, Indiana, owned and operated by Cleveland-Cliffs Burns Harbor LLC and its corporate parent Cleveland-Cliffs Steel LLC (collectively, “Cleveland-Cliffs”). The Complaint alleges that Cleveland-Cliffs released cyanide and ammonia into the East Branch of the Little Calumet River during an August 2019 incident, which led to beach closures, a fish kill, and other natural resource damages recoverable under the Comprehensive Environmental Response, Compensation and Liability Act. Under the Consent Decree, Cleveland-Cliffs would be required to provide compensation for the natural resource damages. In particular, the Consent Decree requires: (1) the donation and conservation of two approximately one-acre parcels of land bordering the East Branch of the Little Calumet River and near the Indiana Dunes National Park; (2) payment of $409,533 to the DOI Natural Resource Damage Assessment and Restoration Fund; and (3) payment of $590,173 to the governments for reimbursement of natural resource damages assessment costs.
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 Resources Division, and should refer to *United States and the State of Indiana* v. *Cleveland-Cliffs Burns Harbor LLC and Cleveland-Cliffs Steel LLC,* D.J. Ref. No. 90-5-1-1-12268/2. All comments must be submitted no later than 30 days after the publication date of this notice. Comments may be submitted either by email or by mail:
| | |
| --- | --- |
| By email | |
| By mail | Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611. |
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.* We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $6.25 (25 cents per page reproduction cost) payable to the United States Treasury.
Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.