EPA v. SHALE SUPPORT GLOBAL HOLDINGS,LLC/WET MINES ASSETS HOLDINGS,LLC /MINE ASSETS HOLDING,LLC/SHALE ENERG

Case summary

ON DECEMBER 16, 2019, EPA, REGION 4, REQUESTED THAT DOJ FILE A GOVERNMENT PROOF OF CLAIM BY THE APPLICABLE GOVERNMENT BAR DATE IN THE MATTER OF SHALE SUPPORT GLOBAL HOLDINGS, LLC, ET AL., FOR THE CHAPTER 11 BANKRUPTCY PROCEEDINGS OF SHALE SUPPORT GLOBAL HOLDINGS, LLC AND SEVEN OF ITS AFFILIATED COMPANIES, INCLUDING WET MINE ASSETS HOLDING, LLC (WMAH); MINE ASSETS HOLDING, LLC (MAH); AND SHALE ENERGY SUPPORT, LLC (SES). EPA REQUESTED THAT DOJ FILE A PROOF OF CLAIM AGAINST THE DEBTORS FOR THE RECOVERY OF CIVIL PENALTIES ARISING FROM VIOLATIONS OF THE CWA ARISING FROM WMAH'S, MAH'S AND SES'S OWNERSHIP AND OPERATION OF AN 1,100-ACRE SAND AND GRAVEL MINING AND PROCESSING FACILITY LOCATED IN HANCOCK COUNTY, MS. EPA FURTHER REQUESTED THAT DOJ FILE A PROOF OF CLAIM AGAINST ALL DEBTORS IN A PROTECTIVE FASHION WITH RESPECT TO EQUITABLE REMEDIES THAT ARE NOT WITHIN THE BANKRUPTCY CODE'S DEFINITION OF CLAIM , 11 U.S.C. SECTION 101(5). 1/7/20 - THE U.S. FILES THIS PROOF OF CLAIM ON BEHALF OF EPA AGAINST DEBTORS WET MINE ASSETS HOLDING, LLC (WMAH); SHALE ENERGY SUPPORT, LLC (SES), AND MINE ASSETS HOLDING, LLC (MAH) FOR THE RECOVERY OF CIVIL PENALTIES PURSUANT TO THE CWA, IN CONNECTION WITH THE DISCHARGE OF POLLUTANTS INTO WATERS OF THE U.S. AT PROPERTY CURRENTLY OWNED BY WMAH, IN HANCOCK COUNTY, MS, WITHOUT A CWA 404 PERMIT FROM THE U.S. ARMY CORPS OF ENGINEERS, IN VIOLATION OF CWA 301. THE POC IS ALSO FILED AGAINST THESE DEBTORS IN A PROTECTIVE FASHION, WITH RESPECT TO EQUITABLE REMEDIES AND INJUNCTIVE OBLIGATIONS AT THE SITE THAT ARE NOT WITHIN THE BANKRUPTCY CODE'S DEFINITION OF CLAIM. 11/18/20 - SETTLEMENT AGREEMENT RESOLVINGPROOF OF CLAIM NOS. 165, 166, 167, AND 168

Defendants (9)

• WET MINE ASSETS HOLDING, LLCNamed in complaintNamed in settlement
• SHALE ENERGY SUPPORT, LLCNamed in complaintNamed in settlement
• SHALE SUPPORT GLOBAL HOLDINGS, LLCNamed in complaintNamed in settlement
• DRYING FACILITY ASSETS HOLDING, LLCNamed in complaintNamed in settlement
• MINE ASSETS HOLDING, LLCNamed in complaintNamed in settlement
• SHALE SUPPORT HOLDINGS, LLCNamed in complaintNamed in settlement
• SOUTHTON RAIL YARD, LLCNamed in complaintNamed in settlement
• SHALE ENERGY SUPPORT, LLCNamed in complaintNamed in settlement
• WET MINE ASSETS HOLDING, LLCNamed in complaintNamed in settlement

Facilities (1)

• WET MINE ASSETS HOLDING, LLC

  105 STREET A., PICAYUNE, MS, 39466

  Registry ID: 110070604743

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SHALE SUPPORT GLOBAL HOLDINGS,LLC/WET MINES ASSETS HOLDINGS,LLC /MINE ASSETS HOLDING,LLC/SHALE ENERGentered 2020-11-18

  Primary law: CWA

  Federal penalty: $12,863

Timeline (6 milestones)

• 2019-12-16Referred To Dept Of Justice
• 2020-01-07Complaint Filed With Court
• 2020-01-08Enforcement Action Data Entered
• 2020-11-18Concluded
• 2020-11-18Final Order Lodged
• 2020-11-18Final Order Entered