Site icon Siskinds Law Firm

Enbridge Kalamazoo oil spill: State consent order

How are major oil spill claims handled in the US? For a fascinating glimpse across the border, Enbridge-consent-judgment is a copy of the multimillion dollar consent order between the State of Michigan and Enbridge over the billion dollar, three-million-litre oil spill into wetlands and the Kalamazoo River in 2010. The State and Enbridge agreed to the order to finalize the obligations as between themselves; the class-action by affected private property owners was settled late last year. Enbridge also paid a $3,699,200 fine to the Pipeline and Hazardous Materials Safety Administration for breaches of several laws involving pipeline management, procedural manuals for operations and maintenance, public awareness, accident reporting and qualifications among others. In addition, the federal Department of Justice and EPA are still negotiating with Enbridge over penalties and injunctive relief for its violations of the federal Clean Water Act.

In the State consent order, Enbridge agreed to a long list of further obligations, substantial cash payments to the State and other terms, all on top of what it has spent to clean up the spill. The consent order obligations include:

In Canada, it would be surprising for the settlement details of a major claim to be so easily accessible to the public.

Exit mobile version