Oil Pollution Act (OPA)
86 FR 56292
10/08/2021
Update Type
Notices

United States v. American Commercial Barge Line LLC, No. 2:21-cv-01818 (E.D. La. Oct. 4, 2021). A settling OPA defendant that discharged oil from its barge into the Mississippi River must effect the transfer of title and preservation of approximately 649 acres of forested woodland habitat in Plaquemines Parish, Louisana, and choose to either pay $2,071,212 to the federal trustees or acquire the equivalent of the natural resources allegedly injured as a result of the oil spill.

Volume
51
Issue
12
Update Volume
51
Update Issue
28
86 FR 52384
09/27/2021
Update Type
Notices

NOAA announced that the Deepwater Horizon federal natural resource trustee agencies for the regionwide trustee implementation group prepared the "Final Restoration Plan and Environmental Assessment 1: Birds, Marine Mammals, Oysters, and Sea Turtles" and FONSI in accordance with OPA, NEPA, and a consent decree with BP Exploration and Production Inc.

Volume
51
Issue
11
Update Volume
51
Update Issue
28
86 FR 52695
09/22/2021
Update Type
Notices

United States v. Enbridge Energy, Ltd. Partnership, No. 1:16-cv-914 (W.D. Mich. Sept. 15, 2021). A proposed sixth modification to a consent decree under the CWA and OPA revises certain established maximum operating pressure values, adds new provisions directly restricting operating pressures on pipelines subject to the consent decree, and requires the defendants to use new pipe wall thickness information to identify any additional features that meet consent decree dig selection criteria. 

Volume
51
Issue
11
Update Volume
51
Update Issue
27
86 FR 40233
07/27/2021
Update Type
Final Rules

EPA amended the requirements in Subpart J of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) that govern the use of dispersants, other chemicals, and other spill mitigating substances when responding to oil discharges into waters of the United States.

Volume
51
Issue
9
Update Volume
51
Update Issue
22
86 FR 38127
07/19/2021
Update Type
Notices

United States v. Kirby Inland Marine, LP, No. 3:21-cv-00180 (S.D. Tex. July 13, 2021). A settling OPA defendant that injured natural resources by discharging oil from a barge during a collision must pay $2,102,115.22.

Volume
51
Issue
9
Update Volume
51
Update Issue
22
86 FR 33359
06/24/2021
Update Type
Notices

United States v. CITGO Petroleum Corp., No. 2:21-cv-1705 (W.D. La. June 17, 2021). A settling OPA defendant that injured natural resources by discharging oil into the Indian Marais waterway, the Calcasieu River, and the Calcasieu Estuary from its refinery in Lake Charles, Louisiana, must pay $19.16 million to restore, replace, or acquire the equivalent of the natural resources allegedly injured, destroyed, or lost as a result of the oil spill and $528,149.83 to reimburse all remaining unpaid assessment costs.

Volume
51
Issue
8
Update Volume
51
Update Issue
18
86 FR 16238
03/26/2021
Update Type
Notices

United States v. Nippon Paper Industries USA Co., Ltd., No. 21-cv-5204 (W.D. Wash. Mar. 22, 2021). Settling CERCLA, CWA, OPA, and Model Toxics Control Act defendants must pay to address damages and reimburse past assessment costs at the Western Port Angeles Harbor site. 

Volume
51
Issue
5
Update Volume
51
Update Issue
10
86 FR 12035
03/01/2021
Update Type
Notices

Under a proposed settlement agreement, a settling OPA and CWA defendant that discharged 30,000-53,000 gallons of denatured ethanol into and near the Mississippi River must pay $282,391 to the DOI Natural Resource Damage Assessment and Restoration Fund to be used for restoration activities to compensate the public for recreational and aquatic injuries. 

Volume
51
Issue
5
Update Volume
51
Update Issue
8
86 FR 7418
01/28/2021
Update Type
Notices

United States v. Vigor Industrial, LLC, No. 21-44 (W.D. Wash. Jan. 14, 2021). Under CERCLA, OPA, and the CWA, settling defendants that damaged natural resources by releasing and discharging hazardous substances and oil from the Vigor Shipyards facility must construct, monitor, and maintain in perpetuity two habitat restoration projects at the facility, and pay $815,816.59.

Volume
51
Issue
3
Update Volume
51
Update Issue
4
S. 5081
Update Type
Committee Name
Committee on Environment and Public Works
Sponsor Name
Menendez
Sponsor Party Affiliation
D-N.J.
Issue
2
Volume
51
Update Issue
1
Update Volume
51
Congress Number
116
Congressional Record Number
166 Cong. Rec. S7939

would amend OPA to require oil polluters to pay the full cost of oil spills.