43 C.F.R. § 11.44
How do the trustees conclude the Type A procedure?
(a) After the Type A Report is finalized, trustees may enter into a settlement agreement with potentially responsible parties.
(b) Damages to fund or undertake restoration activities must be utilized following a publicly reviewed Restoration Plan consistent with subpart F of this part.
(c) The public review and comment period for Administrative Settlement Agreements, Consent Decrees, and Restoration Plans may run concurrently with the comment period for the Type A Report, if appropriate.
Notes of Decisions
Cited in 1
case, 1998–1998 · leading case: Nat'l Ass'n of Mfrs. v. United States Dep't of the Interior, 134 F.3d 1095 (D.C. Cir. 1998).
Nat'l Ass'n of Mfrs. v. United States Dep't of the Interior, 134 F.3d 1095 (D.C. Cir. 1998). “43 C.F.R. § 11.44 (d) (1996). Moreover, once a state or other public trustee recovers such damages, a private party will be barred by res judicata from later seeking recovery for the same public losses.”
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