DEFENDANTS HAVE BEEN PERFORMING AN RI/FS AT THE BWP SUPERFUND SITE PURSUANT TO A CONSENT DECREE APPROVED BY THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLORADO ON MAY 21, 1986. THE CONSENT DECREE GRANTS EPA ACCESS FOR OVERSIGHT OF THE RI/FS. ON JUNE 30, 1988, EPA ISSUED A RECORD OF DECISION ( ROD ) WHICH SELECTED A FIRST OPERABLE UNIT REMEDY FOR THE SITE. DEFENDANTS DECLINED TO PERFORM THE REMEDY (EXCEPT FOR FENCING), AND EPA DECIDED TO PERFORM THE REMEDY ITSELF. EPA ENTERED INTO AN INTERAGENCY AGREEMENT WITH THE ARMY CORPS OF ENGINEERS TO DESIGN THE REMEDY, AND THE CORPS WILL PROBABLY BE ASKED TO IMPLEMENT THE REMEDY AS WELL. IN ORDER TO DESIGN, IMPLEMENT, AND MAINTAIN THE REMEDY, EPA AND THE CORPS NEED ACCESS TO THE BRODERICK SITE. BRODERICK INVESTMENT COMPANY, THE OWNER, HAS REFUSED TO PROVIDE ACCESS. AS A RESULT, EPA HAS REFERRED THE MATTER TO THE DEPARTMENT OF JUSTICE TO OBTAIN ACCESS FOR EPA AND ITS AU- THORIZED REPRESENTATIVES. THE DEPARTMENT OF JUSTICE WILL FILE PLEADINGS WITH THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLORADO SEEKING AN IMMEDIATE JURISDICTION OVER THE DISPUTE BETWEEN THE PARTIES TO THE CONSENT DECREE, THE DEPARTMENT OF JUSTICE PLANS TO FILE A MOTION IN THE CONSENT DECREE ACTION. HOWEVER, THE ORIGINAL DISPUTE BETWEEN THE PARTIES DID NOT RELATE TO THE SPECIFIC ISSUE OF ACCESS TO DESIGN AND IM