Oil Pollution Act (OPA)
89 FR 25901
04/12/2024
Update Type
Notices

United States v. Flint Hills Resources Ingleside, LLC, No. 2:24-cv-00079 (S.D. Tex. Apr. 8, 2024). Under a proposed consent decree, a settling CWA and OPA defendant that allegedly discharged about 14,000 gallons of crude oil that spilled into Corpus Christi Bay from a ruptured pipe on a dock at the defendant's crude oil storage terminal in Ingleside, Texas, must pay a total of $989,212.80. 

Volume
54
Issue
6
Update Volume
54
Update Issue
11
89 FR 19358
03/18/2024
Update Type
Notices

United States v. General Recycling of Washington, LLC, No. 2:24-cv-00329 (W.D. Wash. Mar. 12, 2024). Under a proposed consent decree, settling CERCLA, CWA, and OPA defendants must construct, monitor, and maintain a habitat restoration project and pay a total of $360,558.12 for assessment costs in connection with natural resource damages caused by releases of hazardous substances and discharges of oil from facilities located near the Lower Duwamish River. 

Volume
54
Issue
5
Update Volume
54
Update Issue
10
89 FR 18669
03/14/2024
Update Type
Notices

United States v. Crowley Marine Services, Inc., No. 2:24-cv-00307 (W.D. Wash. Mar. 7, 2024). Under a proposed consent decree, settling CERCLA, CWA, and OPA defendants must purchase credits in a habitat restoration project constructed along the Lower Duwamish River, pay a total of $210,000 for natural resource damages, and pay $64,325.63 to reimburse assessment costs in connection with natural resource damages caused by releases of hazardous substances and discharges of oil from facilities located along and near the river. 

Volume
54
Issue
5
Update Volume
54
Update Issue
9
89 FR 2983
01/17/2024
Update Type
Notices

United States v. Ohio Refining Co., No. 3:24-cv-00039 (N.D. Ohio Jan. 8, 2024). Under five proposed consent decrees, settling CERCLA, CWA, and OPA defendants that released hazardous substances and oil at the Duck & Otter Creeks NRDA Site near Toledo, Ohio, must collectively pay $7,225,909 in natural resource damages (NRD) and $903,239 as reimbursement for NRD assessment costs incurred by DOI.

Volume
54
Issue
3
Update Volume
54
Update Issue
2
88 FR 78063
11/14/2023
Update Type
Notices

United States v. ACF Industries LLC, No. 3:23-cv-1603 (D. Or. Nov. 1, 2023). Under two proposed consent decrees, settling CERCLA, CWA, and OPA defendants whose facilities along the Willamette River released hazardous substances must pay cash and/or purchase restoration credits in one or more restoration projects approved by the Natural Resource Trustees to create habitat for injured natural resources, and make payments for the public’s lost recreational use of the river, for monitoring of culturally significant plants and animals, and for reimbursement of the Natural Resource Trustees’ costs. 

Volume
54
Issue
1
Update Volume
53
Update Issue
33
88 FR 51352
08/03/2023
Update Type
Notices

United States v. Belle Fourche Pipeline Co., No. 22-00089-DLH-CRH and United States v. Bridger Pipeline LLC, No. 22-00043-BLG-SPW (D.N.D. July 31, 2023). Under a proposed partial consent decree, settling CWA defendants must perform injunctive relief and pay a $12,500,000 civil penalty for violations arising from pipeline failures that resulted in discharges of oil into an unnamed tributary to Ash Coulee Creek and the Yellowstone River.

Volume
53
Issue
10
Update Volume
53
Update Issue
22
88 FR 29694
05/08/2023
Update Type
Notices

DOJ, on behalf of DOI, entered into a proposed settlement agreement under OPA that requires the settling party to pay $400,000 for past assessment costs and implementation of natural resource restoration projects related to the January 23, 2010, discharge of sour crude oil into the Sabine-Neches Waterway in the city of Port Arthur, Texas, at or from the T/V Eagle Otome as a result of its collision with the towboat Dixie Vengeance.

Volume
53
Issue
7
Update Volume
53
Update Issue
14
88 FR 25023
04/25/2023
Update Type
Notices

United States v. LLOG Exploration Offshore, L.L.C., No. 2:23-cv-01301-WBV-KWR (E.D. La. Apr. 19, 2022). A settling OPA defendant must pay the United States $3.1 million in connection with a crude oil spill that occurred at the Mississippi Canyon Block 209 subsea oil production system in the Gulf of Mexico beginning on or about October 11, 2017.

Volume
53
Issue
6
Update Volume
53
Update Issue
13
88 FR 22910
04/14/2023
Update Type
Final Rules

The Bureau of Ocean Energy Management increased the Oil Pollution Act offshore facility limit of liability for damages from $137,659,500 to $167,806,900.

Volume
53
Issue
6
Update Volume
53
Update Issue
11

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