LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Angus Macbeth of Sidley Austin LLP Speaker 24b: 9
3. 2002 16
a. OPA
Santa Clara River: The United States settled claims against ExxonMobil Oil Corporation
relating to a spill of crude oil from a pipeline in Los Angeles County that fouled a 15-mile stretch
of the Santa Clara River. The spill killed aquatic life in the River, including an endangered
species of fish, as well as causing extensive habitat damage. The settlement requires ExxonMobil
to pay the United States and the State of California a total of $4.7 million, most of which will be
used to preserve and restore habitat in the River and other natural resources injured by the spill.
b. CERCLA
Fox River and Green Bay: The United States lodged a consent decree settling claims for
damages to natural resources caused by extensive PCB contamination in sediments of
Wisconsin’s Fox River and Green Bay. The settlement with one of several major parties
responsible for the contamination will provide more than $10.8 million for extensive natural
resource restoration work, including the preservation of more than 1000 acres of wildlife habitat
in northeastern Wisconsin, $8.5 million for other restoration projects, and $1.6 million to offset
the assessment and cleanup-related response costs incurred by the United States and the state of
Wisconsin. Two States and two Indian tribes joined in the settlement. The Oneida Tribe of
Indians of Wisconsin and the Menominee Indian tribe of Wisconsin were additional parties to the
settlement as Tribal Trustees. The eventual cleanup and NRD restoration costs are expected to
exceed one billion dollars. 17
Krejci Dump Site in Summit County, Ohio: Three consent decrees were entered concluding
the Division’s CERCLA action on behalf of the National Park Service to secure cleanup of the
Krejci Dump Site in Summit County, Ohio. The site is located within the Cuyahoga Valley
National Park and was formerly used as an industrial dump and scrap yard. Under the first
decree, Ford Motor Co. and General Motors Corp., who had sent waste to the site, agreed to
perform the long-term remedy valued at approximately $29 million. In the second decree, five
additional companies who sent waste to the site agreed to pay $4.3 million toward cleanup and
$477,500 toward natural resource restoration. The third decree resolved the liability of 3M
Company, the only defendant who refused to settle prior to trial. After 3M was adjudged liable
under CERCLA for cleanup costs, it agreed to pay the Department of Interior $15.5 million to
reimburse the government’s costs.
Fruit of the Loom, MU Land Management, and Velsicol Chemical Corp: A court approved
the bankruptcy settlement with debtors under which the debtors will transfer the portions of
seven Superfund sites that they own to an independent custodial trust and will also dedicate
assets to fund cleanup actions and natural resource damage restoration for the seven sites.
Among the assets committed to address these environmental liabilities are $4,292,808 in cash,
16 United States Department of Justice, Environment and Natural Resources Division, Fiscal Year 2002 Summary
of Litigation Accomplishments, available at
http://www.usdoj.gov/enrd/Electronic Reading Room/lit Accomplish 2002.html.
17 67 Fed.Reg. 44877 (7/5/02).
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Law Seminars International | Natural Resource Damages | 07/16/10 in Santa Fe, NM