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DOJ Lodges $57.6M CERCLA Consent Decree with Columbia Falls Aluminum Over Montana Superfund Site

The Department of Justice has proposed a consent decree requiring Columbia Falls Aluminum Company to perform cleanup work and reimburse federal and state response costs at a National Priorities List site near Columbia Falls, Montana.

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On July 2, 2026, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Montana in the lawsuit entitled United States and the State of Montana v. Columbia Falls Aluminum Company, LLC, Civil Action No. 9:26-cv-00099-KLD. The proposed decree resolves claims brought by the United States and the State of Montana against Columbia Falls Aluminum Company (CFAC) under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9607(a), and the Montana Comprehensive Environmental Cleanup and Responsibility Act, for costs related to the release of hazardous substances at the Anaconda Aluminum Co. Columbia Falls Reduction Plant National Priorities List Site — also known as the Columbia Falls Aluminum Company Site — near Columbia Falls, Montana.

Terms of the Proposed Decree

Under the proposed Consent Decree, CFAC agrees to reimburse the United States Environmental Protection Agency $1,800,000.00 in past response costs, and to pay future response costs that will be incurred at the Site. CFAC also agrees to reimburse any independent State future response costs incurred by the Montana Department of Environmental Quality. In addition, CFAC will complete all cleanup work required under the Record of Decision issued by EPA for the Site in January 2025. EPA estimates the cost of the work required of CFAC under the Consent Decree at $57,634,528.00.

In exchange for CFAC's agreement to perform the required work and pay past and future response costs, the United States is providing a standard covenant not to sue under Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). The State of Montana is also providing a covenant under sections 711, 715(2)(a), 722, and 726 of the Montana Comprehensive Environmental Cleanup and Responsibility Act.

Public Comment Period

The publication of the July 7, 2026 Federal Register notice opens a 30-day public comment period on the proposed Consent Decree. Comments must be submitted no later than thirty (30) days after the publication date of the notice, addressed to the Assistant Attorney General, Environment and Natural Resources Division, referencing D.J. Ref. No. 90-11-3-12932. Comments may be submitted by email or by mail to U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044-7611.

What to watch

  • 30-day comment deadline: Public comments on the proposed Consent Decree are due no later than 30 days after July 7, 2026.
  • The Consent Decree may be examined and downloaded at the Justice Department website at https://www.justice.gov/enrd/consent-decrees during the public comment period.

Related

Sources

15 cited

Every hard fact above is grounded in and cited to a primary source record.

  1. On July 2, 2026, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Montana.

    federalregister.gov

  2. The claims concern costs related to the release of hazardous substances at the Anaconda Aluminum Co. Columbia Falls Reduction Plant National Priorities List Site near Columbia Falls, Montana.

    federalregister.gov

  3. CFAC agrees to reimburse EPA $1,800,000.00 in past response costs.

    federalregister.gov

  4. CFAC agrees to pay future response costs that will be incurred at the Site.

    federalregister.gov

  5. CFAC agrees to reimburse any independent State future response costs incurred by the Montana Department of Environmental Quality.

    federalregister.gov

  6. CFAC will complete all cleanup work required under the Record of Decision issued by EPA for the Site in January 2025.

    federalregister.gov

  7. EPA estimates the cost of the work required of CFAC under the Consent Decree is $57,634,528.00.

    federalregister.gov

  8. The United States is providing a standard covenant not to sue under Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a).

    federalregister.gov

  9. The State is providing a covenant under sections 711, 715(2)(a), 722, and 726 of CECRA.

    federalregister.gov

  10. The public comment period opens upon publication of the notice on July 7, 2026, and comments must be submitted no later than thirty (30) days after that publication date.

    federalregister.gov

  11. Comments should refer to D.J. Ref. No. 90-11-3-12932 and be addressed to the Assistant Attorney General, Environment and Natural Resources Division.

    federalregister.gov

  12. Comments may be submitted by mail to U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    federalregister.gov

  13. The Consent Decree may be examined and downloaded at https://www.justice.gov/enrd/consent-decrees during the public comment period.

    federalregister.gov

  14. The lawsuit is entitled United States and the State of Montana v. Columbia Falls Aluminum Company, LLC, Civil Action No. 9:26-cv-00099-KLD.

    federalregister.gov

  15. The proposed decree resolves claims under Section 107(a) of CERCLA, 42 U.S.C. 9607(a), and the Montana Comprehensive Environmental Cleanup and Responsibility Act.

    federalregister.gov

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