United States of American and State of Nebraska v. Gould Electronics Inc. Consent Decree
Dublin Core
Title
United States of American and State of Nebraska v. Gould Electronics Inc. Consent Decree
Subject
Gould Electronics Inc. Consent Decree
Description
In accordance with CERCLA, the United States (on behalf of the EPA) and the State of Nebraska (on behalf of the Nebraska Department of Environmental Quality) filed a complaint against Gould Electronics Inc., a party deemed partially responsible, for payment toward the remediation and response actions necessary in the Omaha Lead Superfund Site.
Gould Electronics Inc. was a battery manufacturer, with a lead smelter located in the Superfund Site. While its industrial air pollution was not as severe as ASARCO’s or Union Pacific’s, it contributed to the overall hazardous state of the Superfund Site area and was held responsible to pay.
This consent decree documents Gould Electronic Inc.’s agreement to pay $1,104,000 to the EPA and $46,000 to the Nebraska Department of Environmental Quality within 30 days of its filing. These payments were to be used to reimburse the EPA and the State for remediation actions already taken to address the contamination at the Superfund Site. There were no required efforts of the company beyond these payments, as there was with Union Pacific.
Importantly, in court Gould Electronics Inc., referred to as the “settling defendant,” did not admit and in fact, expressly denied any liability based on the allegations of lead pollution or contamination. This is an example of yet another company who believed, or claimed to believe, that their contribution to the Superfund Site was minimal. There is reason to suspect that the monetary settlement was a compromise – an agreement based on the two parties’ demands. This would imply that Gould Electronics Inc. did not pay the full amount for which they were charged to be liable.
Much alike Union Pacific’s consent decree, this document is missing an assessment of how much money the United States Government was owed by Gould Electronics in total, as was present in the settlement with ASARCO. For this reason, it is challenging to say to what extent the EPA accomplished the goal of “making responsible parties pay” in the case of Gould Electronics Inc. This is not to say that this Consent Decree and settlement was not successful in holding Gould Electronics Inc. accountable for their pollution, however without knowing an exact quantification of the harm done by Gould Electronics, it cannot be said with certainty the extent to which the EPA was effective in accomplishing their goal.
Gould Electronics Inc. was a battery manufacturer, with a lead smelter located in the Superfund Site. While its industrial air pollution was not as severe as ASARCO’s or Union Pacific’s, it contributed to the overall hazardous state of the Superfund Site area and was held responsible to pay.
This consent decree documents Gould Electronic Inc.’s agreement to pay $1,104,000 to the EPA and $46,000 to the Nebraska Department of Environmental Quality within 30 days of its filing. These payments were to be used to reimburse the EPA and the State for remediation actions already taken to address the contamination at the Superfund Site. There were no required efforts of the company beyond these payments, as there was with Union Pacific.
Importantly, in court Gould Electronics Inc., referred to as the “settling defendant,” did not admit and in fact, expressly denied any liability based on the allegations of lead pollution or contamination. This is an example of yet another company who believed, or claimed to believe, that their contribution to the Superfund Site was minimal. There is reason to suspect that the monetary settlement was a compromise – an agreement based on the two parties’ demands. This would imply that Gould Electronics Inc. did not pay the full amount for which they were charged to be liable.
Much alike Union Pacific’s consent decree, this document is missing an assessment of how much money the United States Government was owed by Gould Electronics in total, as was present in the settlement with ASARCO. For this reason, it is challenging to say to what extent the EPA accomplished the goal of “making responsible parties pay” in the case of Gould Electronics Inc. This is not to say that this Consent Decree and settlement was not successful in holding Gould Electronics Inc. accountable for their pollution, however without knowing an exact quantification of the harm done by Gould Electronics, it cannot be said with certainty the extent to which the EPA was effective in accomplishing their goal.
Creator
United States District Court for the District of Nebraska
Source
EPA online archive
Date
June 1, 2011
Contributor
United States Federal Government, State of Nebraska, Gould Electronics Inc.
Rights
Public information
Format
.pdf
Language
English
Type
Legal Document: Consent Decree
Identifier
8:11-cv-00195-LSC-FG3 Doc #2-6
Collection
Other Media
Citation
United States District Court for the District of Nebraska, “United States of American and State of Nebraska v. Gould Electronics Inc. Consent Decree,” History of Environmental Inequalities, accessed April 30, 2024, https://steppingintothemap.com/inequalities/items/show/51.
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