Notice of Lodging of Proposed Final Supplemental Consent Decree Under the Clean Water Act

On September 9, 2026, the Department of Justice lodged a proposed final supplemental consent decree with the United States District Court for the District of North Dakota in the lawsuit entitled United States of America and State of North Dakota v. Belle Fourche Pipeline Company, Civil Action No. 1:22-00089-DLH-CRH.

The lawsuit seeks injunctive relief and civil penalties for violations of the Clean Water Act, the Pipeline Safety Laws, and North Dakota state law arising from the failure of Belle Fourche Pipeline Company's Bicentennial Pipeline approximately 17.4 pipeline miles west of the Skunk Hill station, in Billings County, North Dakota, on or about December 1, 2016, resulting in the discharge of oil into an unnamed tributary to Ash Coulee Creek (the “Ash Coulee spill”). Except for certain claims relating to remediation of the Ash Coulee spill site, referred to as the “Reserved Remediation Claims,” the claims in the lawsuit were resolved by a Partial Consent Decree entered on October 2, 2023.

The proposed final supplemental consent decree would resolve the Reserved Remediation Claims and requires Belle Fourche Pipeline Company (“Defendant”) to implement a Remediation Work Plan to address environmental impacts resulting from the Ash Coulee Spill. Subject to certain reservations, entering into and fully complying with the proposed final supplemental consent decree will also resolve Plaintiffs' claims, through the date of lodging, for any discharges or releases to surface water relating to the Ash Coulee Spill.

The publication of this notice opens a period for public comment on the final supplemental consent decree. Comments should be addressed to the Assistant Attorney General, Energy and Natural Resources Division, and should refer to United States and State of North Dakota v. Belle Fourche Pipeline Company, D.J. Ref. No. 90-5-1-1-11262/2. All comments must be ( printed page 58179) submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

Any comments submitted in writing may be filed in whole or in part on the public court docket without notice to the commenter.

During the public comment period, the final supplemental consent decree may be examined and downloaded at this Justice Department website: www.justice.gov/​enrd/​consent-decrees. If you require assistance accessing the final supplemental consent decree, you may request assistance by email or by mail to the addresses provided above for submitting comments.