Notice of Lodging of Proposed Consent Decree Under the Oil Pollution Act

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Published

July 19, 2021

Issuing agencies

Justice Department

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<title>Federal Register, Volume 86 Issue 135 (Monday, July 19, 2021)</title>
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[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 38127-38128]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15178]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Oil 
Pollution Act

    On July 13, 2021, the Department of Justice filed a civil Complaint 
and lodged a proposed Consent Decree with the United States District 
Court for the Southern District of Texas in the lawsuit entitled United 
States of America and the State of Texas v. Kirby Inland Marine, LP, 
Civil Action No. 3:21-cv-00180. The United States is acting at the 
request of the National Oceanic and Atmospheric Administration as a 
federal trustee for natural resources. The State of Texas is acting 
through its designated State trustees: The Texas General Land Office, 
the Texas Commission on Environmental Quality, and the Texas Parks and 
Wildlife Department.
    This is a civil action brought against Defendant Kirby Inland 
Marine, LP for recovery of damages for injury to, destruction of, loss 
of, or loss of use of natural resources, under Section 1002 of the Oil 
Pollution Act, 33 U.S.C. 2702. The United States and Texas seek damages 
in order to compensate for and restore natural resources injured by 
Kirby's oil discharge that occurred in the Houston Ship Channel near 
Bayport, Texas, on May 10, 2019. The United States and the State also 
seek to recover unreimbursed costs of assessing such injuries.
    The Complaint in this natural resource damages case was filed 
against Kirby concurrently with the lodging of the proposed Consent 
Decree. The Complaint alleges that Kirby is liable for damages under 
the Oil Pollution Act. The Complaint alleges that oil was discharged 
from a Kirby barge during a collision in the Ship Channel and that 
natural resources were injured as a result of the discharge.

[[Page 38128]]

    Kirby will pay $2,102,115.22 under the proposed Consent Decree. Of 
this total, $1.695 million is designated for the trustees to restore, 
replace, or acquire the equivalent of the natural resources allegedly 
injured, destroyed, or lost as a result of the oil spill, and the 
remaining amount will go to reimburse the trustees for their unpaid 
assessment costs.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the Acting 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States of America and the State of Texas v. 
Kirby Inland Marine, LP, D.J. Ref. No. 90-5-1-1-11096/2. All comments 
must be submitted no later than thirty (30) days after the publication 
date of this notice. Comments may be submitted by either email or by 
mail:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#4c3c392e2f2321212922386129293f6229223e280c393f282326622b233a"><span class="__cf_email__" data-cfemail="96e6e3f4f5f9fbfbf3f8e2bbf3f3e5b8f3f8e4f2d6e3e5f2f9fcb8f1f9e0">[email&#160;protected]</span></a>.
By mail.............................  Acting 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 website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. 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 $7.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-15178 Filed 7-16-21; 8:45 am]
BILLING CODE 4410-05-P


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