[Federal Register Volume 89, Number 112 (Monday, June 10, 2024)]
[Notices]
[Pages 48919-48920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12580]


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DEPARTMENT OF JUSTICE


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

    On June 3, 2024, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of Arkansas in the lawsuit entitled United States and the 
Arkansas Game and Fish Commission and the Arkansas Department of Energy 
and Environment, Division of Environmental Quality, as Agencies of the 
State of Arkansas v. ExxonMobil Pipeline Company LLC, et al., Case No. 
4:24-cv-473-KGB.
    The United States and the State of Arkansas filed a joint complaint 
in this action asserting claims under section 1002(a) and (b)(2)(A) of 
the Oil Pollution Act of 1990 (``OPA''), 33 U.S.C. 2702(a) and 
(b)(2)(A), and under State law, against ExxonMobil Pipeline Company LLC 
and Mobil Pipe Line Company seeking damages for injury to, destruction 
of, loss of, or loss of use of, natural resources, resulting from the 
March 29, 2013, discharge of oil from the Pegasus Pipeline into the 
environment in and around Mayflower, Faulkner County, Arkansas, that 
migrated to waters, wetlands, and ultimately to Lake Conway. The spill 
caused impacts to vegetation and sediments, as well to wildlife that 
were exposed to oil, and the loss of recreational use of Lake Conway. 
Federal and State natural resource trustees assessed the injuries.
    Plaintiffs and Defendants negotiated a Consent Decree that resolves 
the claims in the complaint. The proposed Consent Decree provides for a 
total cash payment by Settling Defendants of $1,755,082. Of this total, 
Settling Defendants will pay $1,300,000 to the Federal and State 
trustees for use in planning and performing restoration projects to 
redress the injuries and loss from the spill, $115,000 to the Federal 
and State trustees ($75,000 and $40,000 respectively) for future 
oversight costs, and $340,082 to reimburse the State trustees for past 
assessment 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 Arkansas v. ExxonMobil 
Pipeline Company LLC, et al., Case No. 4:24-cv-473-KGB, D.J. Ref. No. 
90-5-1-1-10862/1. 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:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    Any comments submitted in writing may be filed by the United States 
in whole or in part on the public court docket without notice to the 
commenter. During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. If you require assistance 
accessing the Agreement and Order, you may request assistance by

[[Page 48920]]

email or by mail to the addresses provided above for submitting 
comments.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2024-12580 Filed 6-7-24; 8:45 am]
BILLING CODE 4410-15-P