[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Pages 56292-56293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22059]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Oil 
Pollution Act

    On October 4, 2021, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of Louisiana in United States and State of Louisiana v. 
American Commercial Barge Line LLC, Civil Case No. 2:21-cv-01818 (E.D. 
La.).
    The United States is acting at the request of the designated 
federal trustees: National Oceanic and Atmospheric Administration and 
the United States Department of the Interior through the United States 
Fish and Wildlife Service. The State of Louisiana is acting through its 
designated State trustees: The Louisiana Oil Spill Coordinator's 
Office, Department of Public Safety & Corrections, Louisiana Department 
of Natural Resources, Louisiana Department of Environmental Quality, 
Louisiana Department of Wildlife and Fisheries, and the Coastal 
Protection and Restoration Authority.
    The Complaint in this natural resource damages case was filed 
against Defendant American Commercial Barge Line LLC (``ACBL'') 
concurrently with the lodging of the proposed Consent Decree. This is a 
civil action for recovery of damages for injury to, destruction of, 
loss of, or loss of use of natural resources, under Section 1002 of the 
Oil Pollution Act (``OPA''), 33 U.S.C. 2702, and Section 2480 of the 
Louisiana Oil Spill Prevention and Response Act (``OSPRA''), La. Rev. 
Stat. 30:2480. The United States and the State of Louisiana seek 
damages in order to compensate for and restore natural resources 
injured by ACBL's oil discharge from its Barge DM-932 into the 
Mississippi River on or about July 23, 2008. The United States and the 
State also seek to recover unreimbursed costs of assessing such 
injuries and planning for restoration.
    Under the proposed Consent Decree, ACBL will pay $2,071,212 to the 
trustees to restore, replace, or acquire the equivalent of the natural 
resources allegedly injured, destroyed, or lost as a result of the oil 
spill. ACBL also will effect the transfer of title and preservation of 
approximately 649.1 acres of forested woodland habitat in Plaquemines 
Parish, Louisiana near the English Turn of the Mississippi River. ACBL 
has already paid $1,320,961.72 to the trustees for past assessment and 
restoration planning 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 Louisiana v. American 
Commercial Barge Line LLC, DJ# 90-5-1-1-10875/1, Civil Case No. 2:21-
cv-01818 (E.D. La.). 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:

[[Page 56293]]



------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $40.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-22059 Filed 10-7-21; 8:45 am]
BILLING CODE 4410-15-P