Extract to table

" TMC proposed, and the government accepted, a revised definition of "Effective Date" specifying that the Effective Date shall be thirty (30) days after entry of the Consent Decree by the Court, as further provided in Decree § IV

TMC proposed, and the government accepted, language providing that interest on any late penalty payments shall accrue at the federal judgment rate in effect on the date of the Effective Date, as determined by 28 U

Astrid Bergmann of Pinnacle Creek Environmental has advised C&H that a minimum of twenty-four (24) months from the Effective Date (and eighteen (18) months from RAWP submission) is the minimum realistic timeline for remedy design finalization, completion of NEPA documentation (to the extent applicable), securing all required state and federal permits (including Montana MPDES permits, air quality permits, and dam safety certifications for the tailings impoundment work), contractor procurement and mobilization, and baseline environmental monitoring that must precede construction activities

Second, the absence of any provision for TMC to contest EPA's updated cost estimates through the dispute-resolution mechanism established in Decree § XIV effectively gives EPA unilateral authority over the amount of financial assurance TMC must maintain