On March 31, 2004, Bush Industries, Inc. filed a voluntary petition under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Western District of New York. EPA is requesting that the Department of Justice file a claim in this case with respect to certain costs EPA has paid for response actions at the Little Valley Superfund Site in Little Valley, New York, pursuant to CERCLA. This claim is based on the fact that Bush is potentially liable under Section 107(a)(1) of CERCLA as the owner and operator of a facility from which there is a release or a threat of release of a hazardous substance.