LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Angus Macbeth of Sidley Austin LLP Speaker 24b: 11
b. CERCLA
Grand Calumet River and Indiana Harbor Canal: Eight companies which will pay nearly
$60 million to restore natural resources in the Grand Calumet River and Indiana Harbor Canal.
Although located in one of the most heavily industrialized areas of the country, the river and
canal support a variety of fish and wildlife. Interspersed among the area’s factories, housing
developments and refineries are remnants of important natural features including globally rare
dune and swale habitat, prairie wetlands, savannas, marshes and swamps, as well as the Indiana
Dunes National Lakeshore. Federal and state agencies worked cooperatively to determine the
extent of damage from a century of industrial releases of oil and other hazardous substances into
the waterway. The proposed settlement provides more than $53 million to clean up, restore and
protect the waterways and surrounding areas, protect permanently 233 acres of land that contain
important fish and wildlife habitat, and pay $2.7 million to state and federal agencies to
reimburse them for damage assessment costs.
White River Fish Kill, Anderson, Indiana: Crown EG, Inc. agreed to pay $250,000 into a
White River restoration fund to resolve NRD claims brought by the United States and the state of
Indiana for CWA and state law violations, as well as NRD arising from the discharge of
industrial wastewater by Crown and Guide Corporation that caused a December, 1999 fish kill.
Guide finalized a separate consent decree in September, 2001. 21
6. 2005 22
In 2005, the United States secured NRD settlements worth over $87 million in U.S. v. Holyoke
Water Supply Company, US. v. France Shipmanagement S.A., US. v. Olympic Pipeline, U.S. v.
ALCOA, U.S. v. Chevron U.S.A. Inc., U.S. v. County of Santa Clara, and U.S. v. Marathon Oil.
a. OPA
Marathon Oil Indiana Pipeline Spills: Under the terms of the consent decree, Marathon Oil
Company and Marathon Ashland Pipe Line LLC conveyed 56.54 acres of riparian flood plain
habitat to the Indiana Department of Natural resources for replacement or acquisition of the
equivalent of injured natural resources, paid the United States and the state of Indiana
$24,220.10 for assessment costs, and paid $5,779.90 to be used for future restoration of the 56.64
acre property 23
John Heinz National Wildlife Refuge: The United States settled claims for civil penalties and
natural resource damages against Sunoco, Inc. and Sun Pipe Line Company resulting from a
discharge of approximately 4,571 barrels of crude oil from Sunoco’s pipeline into a 145-acre
wetland impoundment within John Heinz National Wildlife Refuge in Philadelphia. The spill
lasted for 3 days before it was detected. Sunoco paid a penalty of $2,742,600 and damages of
21 69 Fed.Reg. 12867 (3/18/04).
22 United States Department of Justice, Environment and Natural Resources Division, Fiscal Year 2005 Summary
of Litigation Accomplishments, available at
http://www.usdolgov/enrd/Electronic Reading Room/ENRD 2005 Accomplishments Report.pdf.
23 70 Fed.Reg. 17469 (4/6/05); see, also, http://www.in.gov/dnr/press/Marathon-Rosedale-Settlement.pdf.
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Law Seminars International | Natural Resource Damages | 07/16/10 in Santa Fe, NM