THIS CASE IS AN ACTION AGAINST THE CHAMPION INTER- NATIONAL CORPORATION UNDER SECTIONS 106 AND 107 OF THE CERCLA, REGARDING THE LIBBY GROUNDWATER NATIONAL PRIORITY LIST (NPL) SITE IN LIBBY, MT (LIBBY SITE), SEEKING PER- FORMANCE OF THE ROD ACTIVITIES AND RECOVERY OF PAST AND FURTHER COSTS AT THE SITE. CHAMPION INTERNATIONAL CORPORATION IS THE CURRENT OWNER OF THE FACILITY ON WHICH SUBSTANCES WERE DISPOSED, AND IS THE PREDECESSOR IN INTEREST OF THE PAST OWNERS AND OPERATORS OF THE SITE. A DETERMINATION OF NECESSARY REMEDIAL ACTION WAS MADE IN A ROD ISSUED BY JAMES SCHERER ON DECEMBER 30, 1988. THE ROD CALLED FOR PERFORMANCE OF BIODEGRATION TREATMENT ON CON- TAMINATED SOILS AND BIOGRADATION OF UPPER AQUIFER GROUND WATER AT THE LIBBY SITE, SUCH THAT APPROPRIATE LEVELS OF CONTAMINATION ARE ACHIEVED. THE ROD ALSO CALLES FOR INTERIM ACTION IN THE LOWER AQUIFER AT THE SITE, THROUGH PERFORMANCE OF FURTHER PILOT STUDIES INVOLVING BIODEGRATIONAND EXTRACTION WELL TECHNOLOGY. THE ROD HAS BEEN THE SUBJECT TO NEGOTIATIONS BETWEEN THE UNITED STATES AND CHAMPION OVER THE LAST SEVERAL MONTHS. A CONSENT DECREE RESOVLING THESE CLAIMS WAS SENT UNDER A SEPARATE COVER TO DOJ. SIGNING OF THE DECREE BY DOJ WAS RECOMMENDED AND FILING OF THE COMPLAINT AND LODGING OF THE CONSENT DECREE SHOULD BE DONE SIMULTANEOU