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Notice of Lodging of Consent Decree Under the Oil Pollution Act

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[Federal Register: November 12, 2008 (Volume 73, Number 219)]
[Notices]
[Page 66921]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no08-115]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Oil Pollution Act

    Notice is hereby given that on October 30, 2008, a proposed Consent
Decree (``Decree'') in United States et al. v. Enbridge Energy Limited
Partnership, Civil Action No. 0:08-cv-5878, was lodged with the United
States District Court for the District of Minnesota.
    In this action, the United States, the State of Minnesota, and the
Leech Lake Band of Ojibwe sought to recover from Enbridge Energy
Limited Partnership (``Enbridge'') natural resource damages under the
Oil Pollution Act, 33 U.S.C. 2701, et seq., and the Minnesota Water
Pollution Control Act, Minn. Stat. Sec.  115.071 subd.3, respectively,
at the Enbridge Energy Site, Cohasset, Itasca County, MN, which arose
from an alleged July 2002 discharge, from a subsurface pipeline owned
by Enbridge, of 6,000 barrels of crude oil into a forested wetland
within the watershed of a tributary of the Mississippi River.
    Under the proposed Decree, Enbridge will: (i) Pay a total of
$16,300 to the plaintiffs in reimbursement of the costs they incurred
in assessing the natural resource damages (in addition to $112,000 in
assessment costs previously reimbursed by Embridge); (ii) remove a
portion of a forest road within the Chippewa National Forest; (iii)
restore an impounded forested wetlands within the Chippewa National
Forest; and (iv) retrofit, with diesel oxidation catalyst devices, ten
diesel school buses owned by the Tribe.
    The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
proposed Decree. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, and either e-
mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611,
U.S. Department of Justice, Washington, DC 20044-7611, and should refer
to United States et al. v. Enbridge Energy Limited Partnership, D.J.
Ref. 90-5-1-1-08549.
    The Decree may be examined at the Office of the United States
Attorney, 300 S. 4th St., Suite 600, Minneapolis, MN 55415, and at U.S.
EPA Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604. During the
public comment period, the Decree may also be examined on the following
Department of Justice Web site, to http://www.usdoj.gov/enrd/Consent_
Decrees.html. A copy of the Decree may also be obtained by mail from
the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice,
Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone
confirmation number (202) 514-1547. In requesting a copy from the
Consent Decree Library, please enclose a check in the amount of $34.35
(25 cents per page reproduction cost) payable to the U.S. Treasury or,
if by e-mail or fax, forward a check in that amount to the Consent
Decree Library at the stated address.

William Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E8-26731 Filed 11-10-08; 8:45 am]
BILLING CODE 4410-15-P

 
 


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