Notice2024-12580
Notice of Lodging of Proposed Consent Decree Under the Oil Pollution Act
Primary source
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Published
June 10, 2024
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 89 Issue 112 (Monday, June 10, 2024)</title>
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[Federal Register Volume 89, Number 112 (Monday, June 10, 2024)]
[Notices]
[Pages 48919-48920]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12580]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Oil
Pollution Act
On June 3, 2024, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Eastern
District of Arkansas in the lawsuit entitled United States and the
Arkansas Game and Fish Commission and the Arkansas Department of Energy
and Environment, Division of Environmental Quality, as Agencies of the
State of Arkansas v. ExxonMobil Pipeline Company LLC, et al., Case No.
4:24-cv-473-KGB.
The United States and the State of Arkansas filed a joint complaint
in this action asserting claims under section 1002(a) and (b)(2)(A) of
the Oil Pollution Act of 1990 (``OPA''), 33 U.S.C. 2702(a) and
(b)(2)(A), and under State law, against ExxonMobil Pipeline Company LLC
and Mobil Pipe Line Company seeking damages for injury to, destruction
of, loss of, or loss of use of, natural resources, resulting from the
March 29, 2013, discharge of oil from the Pegasus Pipeline into the
environment in and around Mayflower, Faulkner County, Arkansas, that
migrated to waters, wetlands, and ultimately to Lake Conway. The spill
caused impacts to vegetation and sediments, as well to wildlife that
were exposed to oil, and the loss of recreational use of Lake Conway.
Federal and State natural resource trustees assessed the injuries.
Plaintiffs and Defendants negotiated a Consent Decree that resolves
the claims in the complaint. The proposed Consent Decree provides for a
total cash payment by Settling Defendants of $1,755,082. Of this total,
Settling Defendants will pay $1,300,000 to the Federal and State
trustees for use in planning and performing restoration projects to
redress the injuries and loss from the spill, $115,000 to the Federal
and State trustees ($75,000 and $40,000 respectively) for future
oversight costs, and $340,082 to reimburse the State trustees for past
assessment costs.
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 and State of Arkansas v. ExxonMobil
Pipeline Company LLC, et al., Case No. 4:24-cv-473-KGB, D.J. Ref. No.
90-5-1-1-10862/1. 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............................ <a href="/cdn-cgi/l/email-protection#2e5e5b4c4d4143434b405a034b4b5d004b405c4a6e5b5d4a414400494158"><span class="__cf_email__" data-cfemail="85f5f0e7e6eae8e8e0ebf1a8e0e0f6abe0ebf7e1c5f0f6e1eaefabe2eaf3">[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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Any comments submitted in writing may be filed by the United States
in whole or in part on the public court docket without notice to the
commenter. During the public comment period, the 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>. If you require assistance
accessing the Agreement and Order, you may request assistance by
[[Page 48920]]
email or by mail to the addresses provided above for submitting
comments.
Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2024-12580 Filed 6-7-24; 8:45 am]
BILLING CODE 4410-15-P
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