ELR Citation: ELR 20128
No(s). 08-5298 (D.N.J. Jun 1, 2009)

A district court held that the United States may seek the maximum civil penalties available under CERCLA for a Superfund site owner's failure to comply with a consent order even though the order called for much lower penalties. CERCLA §106 authorizes the penalties the government sought for the owner's violation of the consent order—up to $32,500 per day of noncompliance. Furthermore, the plain language of the consent order preserves the government's right to seek civil penalties under CERCLA. Lastly, the United States set forth sufficient facts that, if taken as true, would make relief plausible and entitle it to relief in the form of civil penalties as authorized by CERCLA.