80_FR_33669 80 FR 33556 - Notice of Lodging of Proposed Consent Decree Under the Oil Pollution Act

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)

Page Range33556-33556
FR Document2015-14384

Federal Register, Volume 80 Issue 113 (Friday, 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............................  pubcomment-ees.enrd@usdoj.gov.
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

33556 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices On April 10, 2015, the ALJ issued her Issued: June 8, 2015. resource trustees. Up to $561,875 of the final ID finding no violation of section Lisa R. Barton, funds in the Restoration Account, plus 337. She found that, under her claim Secretary to the Commission. interest, will be available for and constructions, there was insufficient [FR Doc. 2015–14380 Filed 6–11–15; 8:45 am] applied as needed to fund Future Costs evidence to conclude that the BILLING CODE 7020–02–P of federal and tribal natural resource respondents infringed the asserted trustees, including costs of restoration claims or that FMC satisfied either the planning activities and costs of technical prong or the economic prong DEPARTMENT OF JUSTICE overseeing implementation of any of the domestic industry requirement. natural resource restoration projects She further found that the respondents Notice of Lodging of Proposed required under the Consent Decree. The showed by clear and convincing Consent Decree Under the Oil proposed Consent Decree will resolve evidence that the asserted claims of the Pollution Act natural resource damages claims ’952 patent are invalid under 35 U.S.C. asserted against Enbridge in the 102(g). On June 8, 2015, the Department of complaint, but it does not resolve other Justice lodged a proposed Consent claims against Enbridge arising from the On April 22, 2015, FMC filed a timely Decree with the United States District petition for review challenging nearly July 2010 oil discharges from the Line Court for the Western District of 6B pipeline, including claims for all of the ID’s findings. On April 30, Michigan in the lawsuit entitled United 2015, the respondents and the injunctive relief and civil penalties States, et al. v. Enbridge Energy Limited Commission investigative attorney under the Clean Water Act. The Partnership, et al., Civil Action No. timely opposed FMC’s petition. proposed Consent Decree reserves such 1:15–CV–590. Having examined the record of this The United States, the State of claims for separate resolution. investigation, including the ALJ’s final Michigan, the Nottawaseppi Huron The publication of this notice opens ID, the petition for review, and the Band of the Potawatomi Indians and the a period for public comment on the responses thereto, the Commission has Match-E-Be-Nash-E-Wish Band of the proposed Consent Decree. Comments determined to review the final ID in Pottowatomi filed this action seeking should be addressed to the Assistant part. The Commission has determined damages under the Oil Pollution Act for Attorney General, Environment and to review and set aside the ALJ’s injuries to natural resources that Natural Resources Division and should findings on the economic prong of the occurred as a result of discharges of oil refer to United States et al., v. Enbridge domestic industry requirement See 19 into Talmadge Creek, the Kalamazoo Energy Limited Partnership, et al., D.J. CFR 210.45(c). River and adjoining shorelines Ref. No. 90–5–1–1–10099/1. All The Commission has also determined following a July 2010 rupture of the comments must be submitted no later to review the the ALJ’s construction of Line 6B oil pipeline owned and than thirty (30) days after the ‘‘a temperature in the range of about 120 operated by various Enbridge entities. publication date of this notice. °C to about 160 °C’’ because it contains The State of Michigan also asserts Comments may be submitted either by a typographical error. The ALJ cites the claims for natural resource damages email or by mail: Commission’s affirmance of her under State law. Under the proposed Consent Decree, To submit construction of the claim phrase during comments: Send them to: the temporary phrase of this seven affiliated Enbridge entities investigation, but adds the word (‘‘Enbridge’’) will pay $1,484,952, plus By email ....... pubcomment-ees.enrd@ ‘‘about’’ to her quotation of the interest, to reimburse past natural usdoj.gov. Commission’s construction and to her resource damage assessment costs By mail ......... Assistant Attorney General, final construction. Because the ID incurred by federal natural resource U.S. DOJ—ENRD, P.O. indicates the intent to be consistent trustees and an additional $150,000, Box 7611, Washington, DC with the Commission’s construction, the plus interest, to reimburse natural 20044–7611. Commission finds that the inclusion of resource damage assessment costs the word ‘‘about’’ in the construction is incurred by the two Tribes. The Consent During the public comment period, a typographical error. On review, the Decree also requires Enbridge to the proposed Consent Decree may be Commission finds that ‘‘a temperature complete a number of natural resource examined and downloaded at this in the range of about 120 °C to about 160 damage restoration projects in Justice Department Web site: http:// °C’’ means ‘‘a temperature in the range accordance with workplans and www.justice.gov/enrd/consent-decrees. of 120 °C (+/¥2.5 °C) to 160 °C (+/¥2.5 schedules established or approved We will provide a paper copy of the °C).’’ This minor change does not under a separate State Consent proposed Consent Decree upon written impact any of the ALJ’s findings on Judgment in Michigan Dep’t of Envtl. request and payment of reproduction infringement, invalidity, or the Quality v. Enbridge Energy Partners, costs. Please mail your request and technical prong of the domestic industry L.P., et al., No. 15–1411–CE (Calhoun payment to: Consent Decree Library, requirement. County Cir. Ct. May 13, 2015). In U.S. DOJ—ENRD, P.O. Box 7611, addition, Enbridge will pay $2,265,048, Washington, DC 20044–7611. The Commission has determined not plus interest, to a Restoration Account Please enclose a check or money order to review the remaining findings in the within the Department of the Interior’s for $10.75 (25 cents per page ID. Natural Resource Damage Assessment reproduction cost) payable to the United The authority for the Commission’s mstockstill on DSK4VPTVN1PROD with NOTICES and Restoration Fund, for joint use of States Treasury. determination is contained in section federal, state, and tribal natural resource 337 of the Tariff Act of 1930, as trustees. Of the Funds in the Restoration Randall M. Stone, amended (19 U.S.C. 1337), and in Part Account, at least $1,703,174, plus Acting Assistant Section Chief, 210 of the Commission’s Rules of interest, will be used to fund additional Environmental Enforcement Section, Practice and Procedure (19 CFR part natural resource restoration projects Environment and Natural Resources Division. 210). consistent with a Restoration Plan that [FR Doc. 2015–14384 Filed 6–11–15; 8:45 am] By order of the Commission. is subject to approval by the natural BILLING CODE 4410–15–P VerDate Sep<11>2014 19:05 Jun 11, 2015 Jkt 235001 PO 00000 Frm 00082 Fmt 4703 Sfmt 9990 E:\FR\FM\12JNN1.SGM 12JNN1


Document Created: 2018-02-22 10:16:35
Document Modified: 2018-02-22 10:16:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 33556 
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