EPA v. ATP Oil & Gas Corp.

Case summary

Complaint alleging the unlawful discharges of oil and an unpermitted chemical dispersant from the offshore oil and gas production platform, known as the ATP Innovator, into the Gulf of Mexico. A Partial Consent Decree was entered on May 8, 2015, with a Civil Penalty in the amount of $1,000,000, to be deposited in the Oil Spill Liability Trust Fund. Within 90 Days after the Effective Date of the Consent Decree, ATP-IP shall remove and permanently seal the dispersant injection connection from the wastewater discharge outfall pipe on the ATP Innovator. At least 30 days before ATP-IP uses, leases, or otherwise allows for the use of the ATP Innovator in any future exploration, development, or production activities in waters within the jurisdiction of the United States, ATP-IP shall submit a certification that the Facility meets the requirements of the consent decree. The defendant/operator, ATP, had filed for Chapter 11 bankruptcy protection prior to the date of the referral. After the referral, the defendant converted its bankruptcy claim to Chapter 7. The U.S. subsequently sought approval from the bankruptcy court, after reaching an agreement with the bankruptcy trustee, to file with the federal district court the settlement agreement in the form of the Consent Decree with a settled-upon civil penalty amount as an unsecured claim. The bankruptcy court approved the settlement, allowing the parties to seek from the federal district court entry of the Consent Decree. At the time of entry of the Consent Decree, the bankruptcy proceeding was still pending. On December 29, 2015, a second settlement was entered in the amount of $38,000,000. The United States will seek recovery of the Civil Penalty Judgment solely through the U.S. Proof of Claim in the Bankruptcy Case. The full amount shall be treated in the Bankruptcy Case as an Allowed unsecured claim for penalties.

Defendants (2)

• ATP Infrastructure Partners, LPNamed in complaintNamed in settlement
• ATP Oil & Gas Corp.Named in complaintNamed in settlement

Facilities (1)

• ATP OIL & GAS CORPORATION

  4600 POST OAK BLVD., SUITE 200, HOUSTON, TX, 77027-9726

  Registry ID: 110011275994

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (2)

• ATP Oil & Gas Corp.entered 2015-12-29

  Primary law: CWA

  Federal penalty: $38,000,000

• ATP Oil & Gas Corp.entered 2015-05-08

  Primary law: CWA

  Federal penalty: $1,000,000

Timeline (5 milestones)

• 2013-01-17Referred To Dept Of Justice
• 2013-02-11Complaint Filed With Court
• 2013-04-01Enforcement Action Data Entered
• 2015-11-19Final Order Lodged
• 2015-12-29Final Order Entered