[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Page 33556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14384]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Oil
Pollution Act
On June 8, 2015, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Western
District of Michigan in the lawsuit entitled United States, et al. v.
Enbridge Energy Limited Partnership, et al., Civil Action No. 1:15-CV-
590.
The United States, the State of Michigan, the Nottawaseppi Huron
Band of the Potawatomi Indians and the Match-E-Be-Nash-E-Wish Band of
the Pottowatomi filed this action seeking damages under the Oil
Pollution Act for injuries to natural resources that occurred as a
result of discharges of oil into Talmadge Creek, the Kalamazoo River
and adjoining shorelines following a July 2010 rupture of the Line 6B
oil pipeline owned and operated by various Enbridge entities. The State
of Michigan also asserts claims for natural resource damages under
State law.
Under the proposed Consent Decree, seven affiliated Enbridge
entities (``Enbridge'') will pay $1,484,952, plus interest, to
reimburse past natural resource damage assessment costs incurred by
federal natural resource trustees and an additional $150,000, plus
interest, to reimburse natural resource damage assessment costs
incurred by the two Tribes. The Consent Decree also requires Enbridge
to complete a number of natural resource damage restoration projects in
accordance with workplans and schedules established or approved under a
separate State Consent Judgment in Michigan Dep't of Envtl. Quality v.
Enbridge Energy Partners, L.P., et al., No. 15-1411-CE (Calhoun County
Cir. Ct. May 13, 2015). In addition, Enbridge will pay $2,265,048, plus
interest, to a Restoration Account within the Department of the
Interior's Natural Resource Damage Assessment and Restoration Fund, for
joint use of federal, state, and tribal natural resource trustees. Of
the Funds in the Restoration Account, at least $1,703,174, plus
interest, will be used to fund additional natural resource restoration
projects consistent with a Restoration Plan that is subject to approval
by the natural resource trustees. Up to $561,875 of the funds in the
Restoration Account, plus interest, will be available for and applied
as needed to fund Future Costs of federal and tribal natural resource
trustees, including costs of restoration planning activities and costs
of overseeing implementation of any natural resource restoration
projects required under the Consent Decree. The proposed Consent Decree
will resolve natural resource damages claims asserted against Enbridge
in the complaint, but it does not resolve other claims against Enbridge
arising from the July 2010 oil discharges from the Line 6B pipeline,
including claims for injunctive relief and civil penalties under the
Clean Water Act. The proposed Consent Decree reserves such claims for
separate resolution.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division
and should refer to United States et al., v. Enbridge Energy Limited
Partnership, et al., D.J. Ref. No. 90-5-1-1-10099/1. All comments must
be submitted no later than thirty (30) days after the publication date
of this notice. Comments may be submitted either by email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the proposed Consent Decree may
be examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the proposed Consent Decree upon written request and payment of
reproduction costs. Please mail your request and payment to: Consent
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
Please enclose a check or money order for $10.75 (25 cents per page
reproduction cost) payable to the United States Treasury.
Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section,
Environment and Natural Resources Division.
[FR Doc. 2015-14384 Filed 6-11-15; 8:45 am]
BILLING CODE 4410-15-P