4410-15
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree under the Oil Pollution Act
On June 3, 2024, the Department of Justice lodged a proposed Consent Decree with the
United States District Court for the Eastern District of Arkansas in the lawsuit entitled United
States and the Arkansas Game and Fish Commission and the Arkansas Department of Energy
and Environment, Division of Environmental Quality, as Agencies of the State of Arkansas v.
ExxonMobil Pipeline Company LLC, et al., Case No. 4:24-cv-473-KGB.
The United States and the State of Arkansas filed a joint complaint in this action asserting
claims under section 1002(a) and (b)(2)(A) of the Oil Pollution Act of 1990 (“OPA”), 33 U.S.C.
2702(a) and (b)(2)(A), and under State law, against ExxonMobil Pipeline Company LLC and
Mobil Pipe Line Company seeking damages for injury to, destruction of, loss of, or loss of use
of, natural resources, resulting from the March 29, 2013, discharge of oil from the Pegasus
Pipeline into the environment in and around Mayflower, Faulkner County, Arkansas, that
migrated to waters, wetlands, and ultimately to Lake Conway. The spill caused impacts to
vegetation and sediments, as well to wildlife that were exposed to oil, and the loss of recreational
use of Lake Conway. Federal and State natural resource trustees assessed the injuries.
Plaintiffs and Defendants negotiated a Consent Decree that resolves the claims in the
complaint. The proposed Consent Decree provides for a total cash payment by Settling
Defendants of $1,755,082. Of this total, Settling Defendants will pay $1,300,000 to the Federal
and State trustees for use in planning and performing restoration projects to redress the injuries
and loss from the spill, $115,000 to the Federal and State trustees ($75,000 and $40,000
respectively) for future oversight costs, and $340,082 to reimburse the State trustees for past
assessment costs.

The publication of this notice opens a period for public comment on the proposed
Consent Decree. Comments should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, and should refer to United States and State of
Arkansas v. ExxonMobil Pipeline Company LLC, et al., Case No. 4:24-cv-473-KGB, D.J. Ref.
No. 90-5-1-1-10862/1. All comments must be submitted no later than thirty (30) days after the
publication date of this notice. Comments may be submitted either by e-mail or by mail:
To submit comments:
By e-mail

By mail

Send them to:
pubcomment-ees.enrd@usdoj.gov.
Assistant Attorney General
U.S. DOJ – ENRD
P.O. Box 7611
Washington, D.C. 20044-7611.

Any comments submitted in writing may be filed by the United States in whole or in part
on the public court docket without notice to the commenter. During the public comment period,
the Consent Decree may be examined and downloaded at this Justice Department website:
https://www.justice.gov/enrd/consent-decrees. If you require assistance accessing the
Agreement and Order, you may request assistance by email or by mail to the addresses provided
above for submitting comments.
Thomas Carroll,
Assistant Section Chief,
Environmental Enforcement Section,
Environment and Natural Resources Division.
[FR Doc. 2024-12580 Filed: 6/7/2024 8:45 am; Publication Date: 6/10/2024]