DOJ Settles Toxic Cleanup Deal in Montana and California
Published Date: 4/10/2026
Notice
Summary
The Department of Justice is working out a deal to fix pollution problems linked to a big bankruptcy case involving Whittaker, Clark & Daniels, Inc. and its affiliates. This deal makes sure companies like NICO will pay cash to clean up toxic sites in Montana and California, and it settles disputes about who’s responsible. People have 30 days to share their thoughts before the deal is final.
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
NICO to Fund Cleanup at Three Superfund Sites
A proposed consent decree lodged April 3, 2026 says National Indemnity Company (NICO) will make a cash payment to pay environmental cleanup costs and will establish an environmental response trust. The payment and trust are tied to cleanup work at the Lockwood Solvent Superfund Site (Yellowstone County, Montana), the Omega Chemical Superfund Site (Whittier, California), and the Cooper Drum Superfund Site (South Gate, California).
Bankruptcy Claims and CERCLA Disputes Resolved
The proposed consent decree resolves objections and CERCLA cost-recovery claims in the Chapter 11 case In re: Whittaker, Clark & Daniels, Inc., et al., and stipulates to an allowed general unsecured bankruptcy claim. It also resolves disputes between the debtors and certain alleged successors, including DB US Holding Corporation, Brenntag North America, and National Indemnity Company (NICO).
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