Notice2021-28497
Corrected Notice of Lodging of Proposed Consent Decree Under the Oil Pollution and Clean Water Acts
Primary source
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Published
January 4, 2022
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 87 Issue 2 (Tuesday, January 4, 2022)</title>
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[Federal Register Volume 87, Number 2 (Tuesday, January 4, 2022)]
[Notices]
[Pages 255-256]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28497]
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DEPARTMENT OF JUSTICE
Corrected Notice of Lodging of Proposed Consent Decree Under the
Oil Pollution and Clean Water Acts
On December 22, 2021, the United States' Department of Justice
lodged a proposed Consent Decree with the U.S. District Court for the
Eastern District of Louisiana in United States v. Taylor Energy Company
LLC, Civil Case No. 20-2910 (E.D. La.). A previously published version
of this notice incorrectly stated that the Consent Decree was lodged on
December 20, 2021.
The Complaint in this civil action, filed on October 23, 2020,
seeks removal costs, civil penalties, and natural resource damages
(NRD) under Section 1002 and 1004 of the Oil Pollution Act (OPA), 33
U.S.C. 2702 and 2704, and Section 311 of the Clean Water Act, 33 U.S.C.
1321. These claims arise from the
[[Page 256]]
discharge of oil from Taylor Energy Company LLC's (Taylor Energy's)
former oil production facility on the Outer Continental Shelf in the
Gulf of Mexico, which began when the facility was damaged during a
hurricane in September 2004.
Under the proposed Consent Decree, Taylor Energy will pay
approximately $43.5 million--all of the company's available remaining
assets--allocated as $15 million to a civil penalty, $16.5 million to
NRD, and over $12 million to the U.S. Coast Guard removal costs, to
resolve the civil claims arising from the oil discharge. The State of
Louisiana is a co-trustee for natural resources injured by the spill,
and the NRD money is a joint recovery to be used for natural resource
restoration projects selected by the federal and State trustees. Taylor
Energy will also transfer to the U.S. Department of the Interior
(DOI)'s Bureau of Ocean and Energy Management (BOEM) over $432 million
currently held in a trust for plugging the seafloor oil wells and
otherwise decommissioning the facility, and the company will be barred
from interfering in any way with the Bureau of Safety and Environmental
Enforcement's (BSEE's) decommissioning work. Likewise, Taylor Energy
commits not to interfere with the Coast Guard's oil containment and
removal actions and agrees to turn over to DOI and the Coast Guard
documents (including data, studies, reports, etc.) relating to the site
to assist in the decommissioning and response efforts. Upon
liquidation, Taylor Energy will transfer the value of its remaining
assets to the U.S. as its final payment.
In addition, the proposed Consent Decree requires the company to
dismiss with prejudice its numerous lawsuits against the U.S.,
including challenges to the Coast Guard's decision to install a spill
containment system and an appeal of the Coast Guard's denial of Taylor
Energy's $353 million spill-cost reimbursement claim submitted to the
U.S. Oil Spill Liability Trust Fund.
The United States Department of Justice filed the proposed Consent
Decree on behalf of the Coast Guard, DOI, and the federal and State
trustees for natural resources. The designated federal trustees for the
natural resources impacted by Taylor Energy's oil spill are the U.S.
Department of Commerce through the National Oceanic and Atmospheric
Administration (NOAA) and DOI through the U.S. Fish and Wildlife
Service. The designated State trustees are the Louisiana Oil Spill
Coordinator's Office, Department of Public Safety & Corrections;
Louisiana Department of Natural Resources; Louisiana Department of
Environmental Quality; Louisiana Department of Wildlife and Fisheries;
and the Louisiana Coastal Protection and Restoration Authority.
The publication of this corrected notice opens a 40-day 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 v. Taylor Energy
Company LLC, DJ# 90-5-1-1-11008/2, Civil Case No. 20-2910 (E.D. La.).
All comments must be submitted no later than 40 days after the
publication date of this corrected 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............................ <a href="/cdn-cgi/l/email-protection#aededbcccdc1c3c3cbc0da83cbcbdd80cbc0dccaeedbddcac1c480c9c1d8"><span class="__cf_email__" data-cfemail="abdbdec9c8c4c6c6cec5df86ceced885cec5d9cfebded8cfc4c185ccc4dd">[email protected]</span></a>.
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 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 enclose a check or
money order for $14.50 (25 cents per page reproduction cost) payable to
the United States Treasury to: Consent Decree Library, U.S. DOJ--ENRD,
P.O. Box 7611, Washington, DC 20044-7611.
Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2021-28497 Filed 1-3-22; 8:45 am]
BILLING CODE 4410-15-P
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