80 FR 33556 - Notice of Lodging of Proposed Consent Decree Under the Oil Pollution Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 113 (June 12, 2015)

[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Page 33556]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14384]


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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:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    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