Energy and Climate Report provides current, thorough coverage of clean energy, efficiency, and climate change legislation, regulation, policy, legal developments, and trends in the U.S. and...
Oct. 15 — The U.S. and Alaska will no longer pursue additional restoration costs from Exxon Mobil Corp. for the 1989 Exxon Valdez oil spill in Prince William Sound, according to a status report filed in federal court.
In the Oct. 14 joint status report, the federal and state governments wrote that “the documented recovery of sea otters and harlequin ducks has negated the claim that the patches of lingering oil in some Spill area beaches amount to a ‘substantial loss or substantial decline' in a population, habitat, or species within the meaning of the Reopener.”
In addition to various fines and restitution payments, the company paid $900 million to the governments over 10 years to cover past costs and the restoration of natural resources under a 1991 consent decree that settled the governments' civil claims.
The settlement included a “reopener” provision that allowed the governments to seek up to $100 million in additional restoration costs for loss or decline in habitats or species populations. The provision was operative from Sept. 1, 2002, to Sept. 1, 2006.
In 2006, the governments discovered oil in subsurface, intertidal areas where the otters and ducks feed. They developed a restoration plan and demanded $92 million from Exxon to implement the plan, according to the status report.
Based on monitoring results, the Trustee Council, three federal and three state natural resource trustee agencies reclassified both species as recovered in November 2014. As such, the governments will not seek an order from the U.S. District Court for the District of Alaska directing Exxon to release the reopener funds.
The trustees still have more than $200 million in settlement funds available that may be used to address lingering oil and other restoration purposes, according to the report.
“The Reopener in our settlement with Exxon was unique and set a high bar for recovery of additional damages,” Assistant Attorney General John C. Cruden said in a statement released by the Department of Justice. “Together with our partners in the Alaska Department of Law, we preserved a potential Reopener claim and investigated it to its logical end. Our action today allows us to celebrate all that has been accomplished in Prince William Sound since the spill.”
The joint status report of the U.S. and Alaska in United States v. Exxon Corp. is available at http://www.bloomberglaw.com/public/document/United_States_of_America_v_Exxon_Corp_et_al_Docket_No_391cv00082_.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)