UNITED STATES OF AMERICA et al v. CHEVRON USA INC et al

Filing 7

CONSENT DECREE. It is hereby ORDERED that any motion for attorney's fees shall be filed within the time specified in Local Rule 54.2 of this Court. By JUDGE D. BROCK HORNBY. (jib)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE

United States of America
and
State of Maine,
Plaintiffs,
v.
Chevron U.S.A. Inc.,
Texaco Inc.,
Chevron Environmental Management
Company,
Cumberland Farms, Inc.,
and
Gulf Oil Limited Partnership,
Defendants.

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Civ. Action No. 1:16-cv-00256-DBH

CONSENT DECREE

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I. BACKGROUND
A.

The United States of America (“United States”), by the Attorney General, on

behalf of the United States Department of the Interior (“DOI”) and the United States Department
of Commerce, National Oceanic and Atmospheric Administration (“NOAA”), and the State of
Maine, on behalf of the Department of Environmental Protection (“DEP”), Department of
Agriculture, Conservation and Forestry (“DACF”), Department of Inland Fisheries and Wildlife
(“DIFW”) and Department of Marine Resources (“DMR”) (collectively, “Plaintiffs”), have filed
a Complaint against Chevron U.S.A. Inc., Texaco Inc., Chevron Environmental Management
Co., Cumberland Farms, Inc., and Gulf Oil Limited Partnership in this Court.
B.

Plaintiffs allege that the Defendants are liable to the United States and the State

under Section 1002(a) and (b) of the Oil Pollution Act of 1990 (“OPA”), 33 U.S.C. § 2702 (a)
and (b), and to the State under the Maine Oil Discharge Prevention and Pollution Control Law
(“Oil Law”), 38 M.R.S. § 552(2), for damages for injury to, destruction of, loss of, or loss of use
of, Natural Resources, including the reasonable cost of assessing the damages, resulting from
discharges of oil that occurred starting at least as early as the 1970s at the former Chevron and
Texaco marine oil terminal facilities located, respectively, at 799 and 809 Main Road North in
Hampden, Maine (the “Oil Discharges”).
C.

The State of Maine (“State” or “Maine”) is a Co-Plaintiff and has joined the

Complaint on behalf of the DEP, DACF, DIFW and DMR against the Defendants in this Court
alleging that the Defendants are liable to the State under Section 1002(a) and (b) of OPA, 33
U.S.C. § 2702 (a) and (b), and Section 38 M.R.S. § 552(2) of the Oil Law, for damages for injury
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to, destruction of, loss of, or loss of use of, Natural Resources, including the reasonable costs of
assessing the damages, and the costs of preparing and implementing a natural resources
restoration plan, resulting from the Oil Discharges. On September 5, 2012, Maine Governor
Paul R. LePage designated the Commissioner of the DEP as the lead trustee to act on behalf of
the public for natural resources of the State, and designated DACF, DIFW, and DMR as cotrustees with the DEP for such resources.
D.

The Complaint alleges that: (1) the Oil Discharges caused injury to, destruction

of, loss of, or loss of use of, Natural Resources belonging to, managed by, held in trust by,
appertaining to, or otherwise controlled by the United States and the State, or other Natural
Resources for which the State may seek damages pursuant to the Oil Law; and (2) the United
States and the State have incurred costs in assessing the nature and extent of these injuries.
E.

The United States and the State share trusteeship of the Natural Resources alleged

in the Complaint to be injured and are coordinating assessment and restoration efforts.
F.

The Parties agree, and this Court finds, that settlement of this matter without

further litigation is in the public interest and that the entry of this Consent Decree is the most
appropriate means of resolving the claims alleged in Plaintiffs’ Complaint.
G.

The Parties agree and this Court, by entering this Consent Decree, finds that: (1)

this Consent Decree has been negotiated by the Parties in good faith; (2) settlement of this matter
will avoid prolonged and complicated litigation; and (3) this Consent Decree is fair, reasonable,
and consistent with the goals of the applicable statutes.
H.

The Defendants do not admit any liability arising out of the transactions or

occurrences alleged in this action.
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NOW, THEREFORE it is Adjudged, Ordered and Decreed:
II. JURISDICTION
1.

The Parties agree and this Court concludes that it has jurisdiction over the subject

matter of this action pursuant to Section 1017(b) of OPA, 33 U.S.C. § 2717(b), and 28 U.S.C. §§
1331 and 1345. Venue lies in this District pursuant to Section 1017(b) of OPA, 33 U.S.C. §
2717(b), and 28 U.S.C. 1391(b). This Court has pendent jurisdiction over the state law claims.
This Court has, and the Defendants consent to, the Court’s personal jurisdiction over them in
connection with this action. Solely for the purposes of this Consent Decree and the underlying
Complaint, the Defendants waive all objections and defenses that they may have to jurisdiction
of the Court or to venue in this District. Defendants shall not challenge this Court’s jurisdiction
to enter and enforce this Consent Decree.
III. PARTIES BOUND
2.

This Consent Decree applies to and is binding upon: the United States, on behalf

of DOI and NOAA, as designated federal trustees for Natural Resources, including those Natural
Resources at, in the vicinity of, or affected by the Oil Discharges; the State, on behalf of the
DEP, DACF, DIFW and DMR, as designated state trustees for Natural Resources, including
those Natural Resources at, in the vicinity of, or affected by the Oil Discharges; and, the
Defendants, including, without limitation, their successors and assigns, or other entities or
persons otherwise bound by law. Any change in ownership or corporate status of the Defendants
including, but not limited to, any transfer of assets or real or personal property, shall in no way
alter the Defendants’ or their successors’ and assigns’ rights or responsibilities under this
Consent Decree. In any action to enforce this Consent Decree, the Defendants shall not raise as
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a defense the failure by any of their officers, directors, employees, agents, or contractors to take
any actions necessary to comply with the provisions of this Consent Decree.
IV. DEFINITIONS
3.

Unless otherwise expressly provided herein, terms used in this Consent Decree

which are defined in OPA or in the regulations promulgated by NOAA under OPA, 15 C.F.R.
Part 990, shall have the meaning assigned to them in OPA or in such regulations, as applicable.
Whenever the following terms are used in this Consent Decree or in the appendices attached
hereto and incorporated hereunder, the definition specified hereinafter shall apply.
a.

“Consent Decree” shall mean this Decree and appendices attached hereto.

In the event of a conflict between this Consent Decree and any appendix, this Consent Decree
shall control.
b.

“Costs of Assessment” shall mean all costs within the meaning of Sections

1002(b)(2)(A) and 1006(d)(1)(C) of OPA, 33 U.S.C. §§ 2702(b)(2)(A), 2706 (d)(1)(C), and all
costs of assessing natural resources damage which may be sought under Section 552(2) of the
Oil Law, incurred by the Trustees on or before the date of lodging, including, but not limited to,
direct, indirect, and administrative costs in assessing the alleged injury to, destruction of, loss of,
or loss of use of, all Natural Resources at or in connection with the Oil Discharges and/or
directly or indirectly related to negotiating this Consent Decree, and all Trustee costs of
approving this Consent Decree.
c.

“Day” shall mean a calendar day. In computing any period of time under

this Consent Decree, where the last day would fall on a Saturday, Sunday, or Federal holiday, the
period shall run until the close of business of the next working day.
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d.

“Defendants” shall mean Chevron U.S.A. Inc., Texaco Inc., Chevron

Environmental Management Company, Cumberland Farms, Inc., and Gulf Oil Limited
Partnership and their successors and assigns.
e.

“DOI” shall mean the United States Department of the Interior.

f.

“Fund” shall mean the Oil Spill Liability Trust Fund established pursuant

to 26 U.S.C. §§ 4611 and 9509.
g.

“Hampden, Maine Marine Oil Terminal Restoration Account” shall mean

a project numbered account to be established within DOI’s Natural Resource Damage
Assessment and Restoration Fund (“DOI NRDAR Fund”), which will be funded by the
Defendants in accordance with Section V (Payments by Defendants) of this Consent Decree and
jointly administered by the Trustees in accordance with Section VII (Hampden, Maine Marine
Oil Terminal Restoration Account) of this Consent Decree and a separate agreement among the
Trustees.
h.

“Interest,” as that term is used in Section VI (Stipulated Penalties) of this

Consent Decree, shall mean interest calculated in the manner specified in Section 1005(b)(4) of
OPA, 33 U.S.C. § 2705(b)(4).
i.

“Natural Resources” shall have the meaning provided in Section 1001(20)

of OPA, 33 U.S.C. § 2701(20), and shall also include any natural resources for which the State
may seek damages pursuant to 38 M.R.S. § 552(2).
j.

“Natural Resource Damages” shall mean the damages described at

Section 1002(b)(2)(A) of OPA, 33 U.S.C. § 2702(b)(2)(A), and at Section 552(2) of the Oil Law.

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k.

“NOAA” shall mean the National Oceanic and Atmospheric

Administration.
l.

“Oil Discharges” shall mean all of the discharges of oil into or upon the

land, tidal flats, groundwater, and Penobscot River that have occurred at and from the marine oil
terminal facilities located at 799 Main Road North and 809 Main Road North in Hampden,
Maine, starting at least as early as the 1970s and continuing through the Effective Date.
m.

“OPA” shall mean the Oil Pollution Act of 1990, Pub. L. No. 101-380,

104 Stat. 484, 33 U.S.C. §§ 2701-2761.
n.

“Parties” shall mean the Plaintiffs and the Defendants.

o.

“Plaintiffs” shall mean the United States and the State of Maine.

p.

“Restoration Plan(s)” shall mean a plan or plans developed by the Trustees

in accordance with OPA and its underlying regulations at 15 C.F.R. §§ 990.53 – 990.56.
q.

“Section” shall mean a portion of this Consent Decree identified by a

Roman numeral.
r.

“State” shall mean the State of Maine.

s.

“Trustees” shall mean the designated federal and state officials, and their

designees, who act on behalf of the public as trustees for the Natural Resources, including those
at, in the vicinity of, or affected by the Oil Discharges: DOI, represented by the United States
Fish and Wildlife Service (“USFWS”), and NOAA are the federal trustees for Natural Resources
related hereto; DEP, DACF, DIFW and DMR are the state trustees for Natural Resources related
hereto.

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t.

“United States” shall mean the United States of America, on behalf of the

DOI and NOAA, including all agencies, bureaus, administrations or departments of DOI and
NOAA.
V. PAYMENT BY DEFENDANTS
4.

If the Consent Decree is entered by this Court, Defendants shall, within Thirty

(30) Days of the Effective Date, cause the sum of $922,862.00 to be paid as follows:
a.

$42,862.00 to the United States for reimbursement of Costs of Assessment

incurred by DOI and NOAA. Upon receipt, the United States will direct the payments as
follows:
i.

$29,412.00 shall be deposited in the NOAA Damage Assessment and

Restoration Fund (“DARRF”), to be applied toward Natural Resource Damages
assessment costs incurred by NOAA;
ii.

$13,450.00 shall be deposited in the DOI NRDAR Fund, to be applied

toward Natural Resource Damages assessment costs incurred by DOI.
b.

$880,000.00 to the United States on behalf of the Plaintiffs in resolution of their

claims for Natural Resource Damages related to the Oil Discharges, to be used for restoration of
Natural Resources, shall be deposited in the DOI NRDAR Fund, on behalf of the Trustees, for
the purposes set forth in Paragraphs 7 and 8 of Section VII (Hampden, Maine Marine Oil
Terminal Restoration Account).
c.

Payment required by Paragraph 4.a above shall be made by Electronic Funds

Transfer (“EFT”) to the U.S. Department of Justice in accordance with the instructions that the
Financial Litigation Unit of the U.S. Attorney’s Office for the District of Maine shall provide to
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Defendants following entry of the Consent Decree by this Court. Defendants shall send a
transmittal notice, indicating that the EFT has occurred, to the Parties in accordance with Section
XII (Notices).
d.

Payment required under Paragraph 4.b above shall be made by EFT to the U.S.

Department of Justice in accordance with the instructions that the Financial Litigation Unit of the
U.S. Attorney’s Office for the District of Maine shall provide to Defendants following entry of
the Consent Decree by this Court. Defendants shall send a transmittal notice, indicating that the
EFT has occurred, to the Parties in accordance with Section XII (Notices). The transmittal
notice shall reflect that the payment is being made to the “Natural Resources Damage
Assessment and Restoration Fund, Account No. 14X5198 – Hampden, Maine Marine Oil
Terminal Restoration Account.” DOI will assign these funds to a special project number to
allow the funds to be maintained as a segregated account with the Department of Interior Natural
Resource Damage Assessment and Restoration Fund, Account No. 14X5198 (the “Hampden,
Maine Marine Oil Terminal NRD Account”). The funds paid pursuant to Paragraph 4.b shall be
used jointly by the Trustees in accordance with Section VII (Hampden, Maine Marine Oil
Terminal Restoration Account) of this Consent Decree and the separate agreement among the
Trustees. The Defendants are jointly and severally liable for the payments to be made pursuant
to Paragraph 4.
VI. STIPULATED PENALTIES
5. Assessment of Stipulated Penalties.
The Defendants shall pay a stipulated penalty to the United States and the State for failure to
make a payment in Paragraph 4, at the rate of one thousand dollars ($1,000) per day for each day
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of non-compliance up to the first thirty (30) days of non-compliance. After thirty (30) days of
failure to make a payment in Paragraph 4, the Defendants shall pay a stipulated penalty to the
United States and the State at the rate of three thousand dollars ($3,000) per day for each day of
non-compliance after the first thirty (30) days of non-compliance.
a.

Stipulated penalties shall begin to accrue on the day after payment is due

and continue to accrue until the date of payment.
b.

Any stipulated penalty payments shall be divided equally between the

United States and the State.
c.

The Defendants are jointly and severally liable for payment of such

stipulated penalties.
d.

The United States and/or the State may give the Defendants written

notification that they have failed to make a payment as required by Paragraph 4. Such notice
shall describe the noncompliance and make a demand for the payment of the stipulated penalties.
However, stipulated penalties shall accrue as provided in Paragraph 5.a regardless of whether the
Defendants have been notified of a violation. The Defendants shall pay stipulated penalties
within thirty (30) days of receipt of written demand for such stipulated penalties by certified
mail, as determined by the date of the required signature by the Defendants’ authorized
representative or agent acknowledging receipt of the written demand.
e.

If the Defendants fail to pay stipulated penalties when due, the

United States and/or the State may institute proceedings to collect the stipulated penalties, as
well as Interest as provided in Paragraph 5.f.
f.

Interest on Stipulated Penalties.
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The Defendants shall pay Interest on the unpaid balance of any stipulated penalties due, which
shall begin to accrue on the date thirty (30) days past the demand therefor. The Interest on the
unpaid balance of stipulated penalties due pursuant to Paragraph 5.a shall be divided equally
between the United States and the State. The Defendants are jointly and severally liable for such
Interest payments.
g.

Notwithstanding any other provision of this Section, the United States

and/or the State may, in their unreviewable discretion, waive any portion of its share of the
stipulated penalties that have accrued pursuant to this Consent Decree.
h.

Nothing in this Consent Decree shall be construed as prohibiting,

altering, or in any way limiting the ability of the United States and/or the State to seek any other
remedies or sanctions available by virtue of Defendants’ violation of this Consent Decree.
6. Payment Instructions for Stipulated Penalties.
Any stipulated penalty payment shall be accompanied by a reference to this Consent Decree, be
identified as “Stipulated Penalties,” and reference “the Hampden, Maine Marine Oil Terminal.”
Notice of payment of a stipulated penalty shall be made to the Trustees in the manner specified
in Section XII (Notices).
a.

Stipulated penalty payments to the United States shall be made by EFT to

the U.S. Department of Justice in accordance with written instructions to be provided to
Defendants by the Financial Litigation Unit of the U.S. Attorney’s Office for the District of
Maine. At the time of payment, Defendants shall send a copy of the EFT authorization form and
the EFT transaction record, together with a transmittal letter, which shall state that the payment
is for stipulated penalties owed pursuant to the Consent Decree, and shall reference the case
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name, civil action number, DOJ Case Number (#90-11-3-11302), and the violations for which
the stipulated penalties are being paid to the United States, in accordance with Section XII of this
Decree (Notices).
b.

Stipulated penalty payments to the State shall be made by certified check

made payable to Treasurer, State of Maine c/o “Maine Coastal and Inland Surface Oil Clean-up
Fund” or a successor fund, as directed by DEP, and sent to Rebekah Koroski, Department of
Environmental Protection, 17 State House Station, Augusta ME 04333-0017.
VII. HAMPDEN, MAINE MARINE OIL TERMINAL
RESTORATION ACCOUNT
7.

All funds deposited in the DOI NRDAR account in accordance with Paragraph

4.b. of Section V. (Payment by Defendants), including any interest or return on investment
thereon, shall be held in the Hampden, Maine Marine Oil Terminal Restoration Account solely
for use by the Trustees to jointly plan, implement, oversee, or monitor the restoration of injury to
Natural Resources resulting from Oil Discharges, in accordance with the Restoration Plan(s)
prepared pursuant to Paragraph 8. DOI shall, in accordance with law, pursuant to the terms of
the separate agreement among the Trustees, manage and invest the funds in the Hampden, Maine
Marine Oil Terminal Restoration Account on behalf of the Trustees. Upon receipt of the funds
for Natural Resources, DOI will establish a distinct and project specific account number within
the DOI NRDAR Fund to allow the funds to be maintained as a segregated account within the
DOI NRDAR Fund. DOI shall not make any charge against the Hampden, Maine Marine Oil
Terminal Restoration Account for investment, management, or any other services provided with
respect to operation of the account.
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8.

At no further cost to the Defendants, the Trustees will prepare a Restoration

Plan(s) for Natural Resources and jointly approve expenditures from the Hampden, Maine
Marine Oil Terminal Oil Restoration Account consistent with the Restoration Plan(s) and
pursuant to the terms of the separate agreement among the Trustees. If the funds in the
Hampden, Maine Marine Oil Terminal Restoration Account are not sufficient to complete the
activities in the Restoration Plan(s) for Natural Resources, neither the Defendants nor the
Trustees shall be required to expend additional funds to complete the activities in the Restoration
Plan(s).
VIII. COVENANT NOT TO SUE BY PLAINTIFFS
9.

In consideration of the payments and actions that have been and will be made by

the Defendants under this Consent Decree, the United States covenants not to sue or take
administrative action against the Defendants pursuant to Section 1002(a) and (b) of OPA, 33
U.S.C. § 2702(a) and (b), for (1) Costs of Assessment and (2) damages for injury to, destruction
of, loss of, or loss of use of Natural Resources resulting from the Oil Discharges. This covenant
not to sue is conditioned upon receipt by the United States of all payments required by Section V
(Payments by Defendants) and, as applicable, Section VI (Stipulated Penalties) of this Consent
Decree.
10.

In consideration of the payments and actions that have been and will be made by

the Defendants under this Consent Decree, the State covenants not to sue the Defendants
pursuant to Section 1002(a) and (b) of OPA, 33 U.S.C. § 2702(a) and (b) and 38 M.R.S. §
552(2), for (1) Costs of Assessment and the costs of preparing and implementing a natural
resources restoration plan, and (2) damages for injury to, destruction of, loss of, or loss of use of
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Natural Resources resulting from the Oil Discharges. This covenant not to sue is conditioned
upon receipt by the State of notice that all payments required by Section V (Payments by
Defendants) of this Consent Decree have been made by Defendants and, as applicable, receipt by
the State of any payments pursuant to Section VI (Stipulated Penalties) of this Consent Decree.
11.

Reservations of rights. Notwithstanding any other provision of this Consent

Decree, the United States and the State reserve, and this Consent Decree is without prejudice to,
all rights against the Defendants with respect to all matters other than those expressly specified
in the covenants not to sue set forth in Paragraphs 9 and 10 of this Section, including, but not
limited to:
a.

claims against the Defendants for their failure to meet a requirement of

this Consent Decree;
b.

claims against the Defendants for damages, including assessment costs,

under OPA and any other applicable law, for injury to, destruction of, loss of, or loss of use of,
Natural Resources that are not resulting from the Oil Discharges;
c.

any criminal liability; and

d.

claims, other than claims for Natural Resource Damages related to the Oil

Discharges, against the Defendants that the State, or the United States on behalf of the United
States Environmental Protection Agency, and/or the United States Coast Guard, may have under
any applicable law.
e.

Special Reservations Regarding Natural Resource Damages.

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Notwithstanding any other provision of this Consent Decree, the United States and the State
reserve the right to institute proceedings against the Defendants in this action or in a new action
seeking recovery of Natural Resource Damages based on:
i.

conditions caused by the Oil Discharges, unknown by the Trustees

as of the date of the lodging of this Consent Decree, that cause new or additional injury to,
destruction of, loss of, or loss of use of such Natural Resources; or
ii.

information received by the Trustees after the date of lodging of

this Consent Decree indicating that the Oil Discharges have resulted in new or significant
additional injury to, destruction of, loss of, or loss of use of, such Natural Resources which injury
is of a type that was unknown or a magnitude greater than was known by the Trustees as of the
date of lodging of this Consent Decree.
IX. COVENANT BY THE DEFENDANTS
12.

The Defendants hereby covenant not to sue and agree not to assert any claims or

causes of action against the United States or the State, and their employees, agents, contractors,
departments, agencies, administrations and bureaus, related to Natural Resource Damages arising
from the Oil Discharges, including, without limitation, any potential or pending claims against
the Fund relating to the Oil Discharges. Defendants reserve, and this Consent Decree is without
prejudice to, all claims, rights and defenses with respect to all matters not expressly included
within this Covenant Not to Sue, including all rights and defenses with respect to all matters
reserved in Paragraph 11 of Section VIII.

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X. EFFECT OF SETTLEMENT
13.

Upon the Effective Date and after all payments are made pursuant to this Consent

Decree, the Defendants are entitled to contribution protection under Maine law from all
contribution actions or claims for the matters addressed in this Consent Decree, such that, to the
extent provided by 38 M.R.S. § 348(4), the Defendants shall not be liable for claims by other
potentially liable persons regarding Natural Resources Damages addressed in this Consent
Decree.
14.

Nothing in this Consent Decree shall be construed to create any rights in, or grant

any cause of action to, any person not a Party to this Consent Decree. In addition, with the
exception described in paragraph 13 above, nothing in this Consent Decree shall limit, enlarge,
or otherwise affect, the private rights or claims of any person not a Party to this Consent Decree,
except as may be determined otherwise by a court of competent jurisdiction. Each of the Parties
expressly reserves any and all rights (including, but not limited to, any right of contribution),
defenses, claims, demands, and causes of action which each Party may have with respect to the
Oil Discharges against any person not a Party hereto.
15.

This Consent Decree shall not bar any action by the United States or the State

with respect to any matters other than those expressly specified in the covenants not to sue set
forth in Paragraphs 9 and 10 of Section VIII (Covenant Not to Sue by Plaintiffs).
16.

This Consent Decree shall not preclude the United States or the State from

instituting a separate or ancillary action to enforce the terms of this Consent Decree.
XI. MODIFICATION
17.

a.

Material Modifications. Material modifications to the Consent Decree
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may be made only by written approval of the Parties and the approval of the Court.
b.

Non-Material Modifications. Non-material modifications of the Consent

Decree may be made only by written approval of the Parties. Non-material modifications will be
effective when signed by all of the Parties and may be filed with the Court in order to maintain a
complete record of the Consent Decree.
XII. NOTICES
18.

Unless otherwise specified herein, whenever notifications, submissions, or

communications are required by this Consent Decree, they shall be made in writing and
addressed to those listed below. Any Party may change the person and/or address applicable to it
by providing notice of such change to all Parties. All notices under this Section are effective
upon receipt, unless otherwise specified. Except as otherwise provided, notice to a Party by
email (if that option is provided below) and by regular mail in accordance with this Section
satisfies any notice requirement of this Consent Decree regarding such Party.
As to the United States:
EES Case Management Unit
Environment & Natural Resources Division
U.S. Department of Justice
P.O. Box 7611
Ben Franklin Station
Washington, DC 20044-7611
[e-mail]
Re: DJ# 90-11-3-11302
Britta Hinrichsen
United States Department of Commerce
NOAA Office of General Counsel
55 Great Republic Drive
Gloucester, MA 01930
[e-mail]
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Mark Barash
United States Department of the Interior
Office of the Solicitor
One Gateway Center
Suite 612
Newton, MA 02458
[e-mail]

As to the State:
Mary Sauer
Assistant Attorney General
Office of the Attorney General
6 State House Station
Augusta, ME 04333-0006
[e-mail]
Scott Whittier
Director, Petroleum Management Division
Bureau of Remediation and Waste Management
Department of Environmental Protection
17 State House Station
Augusta ME 04333-0017
[e-mail]
As to Chevron U.S.A. Inc., Texaco Inc. and Chevron Environmental Management Company:
Sigmund D. Schutz
Preti Flaherty Beliveau & Pachios LLP
One City Center
Portland, ME 04101
[e-mail]
Neil J. Fletcher
Senior Counsel
Environmental & Safety Law Group
Chevron Services Company
A Division of Chevron U.S.A. Inc.
1400 Smith Street, 5th Floor
Houston, TX 77002
[e-mail]
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Robert Wilkenfeld
General Manager
Marketing Business Unit
Chevron Environmental Management Company
6101 Bollinger Canyon Road
San Ramon, California 94583
[e-mail]
As to Cumberland Farms, Inc.:
Cumberland Farms, Inc.
100 Crossing Blvd.
Framingham, MA 01702
Attention: General Counsel
As to Gulf Oil Limited Partnership:
Gulf Oil Limited Partnership
100 Crossing Blvd.
Framingham, MA 01702
Attention: General Counsel

XIII. RETENTION OF JURISDICTION
19.

This Court retains jurisdiction over both the subject matter of this Consent Decree

and the Parties for the duration of the performance of the terms and provisions of this Consent
Decree for the purpose of enabling any of the Parties to apply to the Court at any time for such
further order, direction, and relief as may be necessary or appropriate for the construction or
modification of this Consent Decree, or to effectuate or enforce compliance with its terms.
XIV. LODGING AND OPPORTUNITY FOR PUBLIC COMMENT
20.

a.

This Consent Decree shall be lodged with the Court for at least 30 days for

public notice and comment.

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b.

The United States reserves the right to withdraw or withhold its consent to

the Consent Decree if comments received regarding the Consent Decree disclose facts or
considerations that indicate the Consent Decree is inappropriate, improper or inadequate.
c.

The Defendants consent to the entry of this Consent Decree without

further notice, and agree not to withdraw or oppose entry of the Consent Decree or to challenge
any provision of the Consent Decree.
21.

If for any reason the Court should decline to approve this Consent Decree in the

form presented, this agreement is voidable at the sole discretion of any Party and the terms of the
agreement may not be used as evidence in any litigation between the Parties.
XV. FINAL JUDGMENT
22.

Upon approval and entry of this Consent Decree by the Court, this Consent

Decree shall constitute a final judgment between and among the Parties for only the Natural
Resource Damages settled herein. The Court finds that there is no just reason for delay and
therefore enters this as a final judgment under Fed. R. Civ. P. 54 and 58.
XVI. ACTIONS OF TRUSTEES
23.

All actions taken by the Trustees pursuant to this Consent Decree shall be in

accordance with the terms of the separate agreement among the Trustees.
XVII. EFFECTIVE DATE
25.

The effective date of this Consent Decree shall be the date upon which the

approval of this Consent Decree is recorded on the Court’s docket (“Effective Date”).
XVIII. COSTS AND ATTORNEYS FEES
26.

The Parties shall bear their own costs of this action, including attorneys’ fees,
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except that the Plaintiffs shall be entitled to collect the costs (including attorneys’ fees) incurred
in any action necessary to enforce this Consent Decree.
XIX. SIGNATORIES/SERVICE
27.

The undersigned representatives of the Defendants each certifies that he or she is

fully authorized to enter into the terms and conditions of this Consent Decree and to execute and
legally bind such Party to this document.
28.

Each Defendant shall identify on the attached signature page the name, address,

telephone number and email address of an agent who is authorized to accept service of process,
if served by both mail and email, on behalf of that Defendant with respect to all matters arising
under or relating to this Consent Decree. The Defendants hereby agree to accept service in this
manner and to waive the formal service requirements set forth in Rule 4 of the Federal Rules of
Civil Procedure and any applicable local rules of this Court, including, but not limited to, service
of a summons. Defendants need not file an answer to the complaint in this action unless or until
the Court expressly declines to enter this Consent Decree.

SO ORDERED THIS 7th DAY OF July, 2016.

/s/ D. Brock Hornby
UNITED STATES DISTRICT JUDGE
District of Maine

21

THE UNDERSIGNED PARTY enters into this consent decree in the matter of United States and
State of Maine v. Chevron U.S.A. Inc., et al.

FOR THE UNITED STATES:

04/28/2016
Dated

/s/ John. C. Cruden
JOHN C. CRUDEN
Assistant Attorney General
Environment and Natural Resources Division
U.S. Department of Justice

04/29/2016
Dated

/s/ Laura J. Rowley
LAURA J. ROWLEY
Senior Counsel
SUSAN AKERS
Assistant Section Chief
Environmental Enforcement Section
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611

22

THE UNDERSIGNED PARTY enters into this consent decree in the matter of United States and
State of Maine v. Chevron U.S.A. Inc., et al.
FOR THE STATE OF MAINE:

03/23/2016
Dated

/s/ Paul Mercer
PAUL MERCER
Commissioner
Maine Department of Environmental Protection
17 State House Station
Augusta ME 04333-0017

03/29/2016
Dated

/s/ Walter E. Whitcomb
WALTER E. WHITCOMB
Commissioner
Maine Department of Agriculture, Conservation and
Forestry
22 State House Station
Augusta ME 04333-0022

03/24/2016
Dated

/s/ Chandler E. Woodcock
CHANDLER E. WOODCOCK
Commissioner
Maine Department of Inland Fisheries and Wildlife
41 State House Station
Augusta ME 04333-0041

03/25/2016
Dated

/s/ Patrick C. Keliher
PATRICK C. KELIHER
Commissioner
Maine Department of Marine Resources
21 State House Station
Augusta ME 04333-0021

23

JANET T. MILLS
ATTORNEY GENERAL

04/05/2016
Dated

/s/ Mary M. Sauer
MARY M. SAUER
Assistant Attorney General
Office of the Attorney General
6 State House Station
Augusta, ME 04333
[phone]
[e-mail]

24

THE UNDERSIGNED PARTY enters into this consent decree in the matter of United States and
State of Maine v. Chevron U.S.A. Inc., et al.

FOR CHEVRON U.S.A. INC.:

03/14/2016
Dated

/s/ Michael W. Woody
Name: Michael W. Woody
Title: Assistant Secretary
Address:
Chevron U.S.A. Inc.
6001 Bollinger Canyon Road
San Ramon CA 94583-2324

Agent authorized to accept service on behalf of Chevron U.S.A. Inc.:

Name: Sigmund D. Schutz, Esq.
Address:
Preti Flaherty, One City Center
Portland, ME 04101
Telephone number: 207-791-3000
Facsimile Number: 207-791-3111

25

THE UNDERSIGNED PARTY enters into this consent decree in the matter of United States and
State of Maine v. Chevron U.S.A. Inc., et al.

FOR TEXACO INC.:

03/14/2016
Dated

/s/ Frank G. Soler
Name: Frank G. Soler
Title: Vice President and Secretary
Address:
Texaco Inc.
6001 Bollinger Canyon Road
San Ramon CA 94583-2324

Agent authorized to accept service on behalf of Texaco Inc.:

Name: Sigmund D. Schutz, Esq.
Address:
Preti Flaherty, One City Center
Portland, ME 04101
Telephone number: 207-791-3000
Facsimile Number: 207-791-3111

26

THE UNDERSIGNED PARTY enters into this consent decree in the matter of United States and
State of Maine v. Chevron U.S.A. Inc., et al.

FOR CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY:

03/14/2016
Dated

/s/ Grace P. Nerona
Name: Grace P. Nerona
Title: Assistant Secretary
Address:
Chevron Environmental
Management Company
6001 Bollinger Canyon Road
San Ramon CA 94583-2324

Agent authorized to accept service on behalf of Chevron Environmental Management Company:

Name: Sigmund D. Schutz, Esq.
Address:
Preti Flaherty, One City Center
Portland, ME 04101
Telephone number: 207-791-3000
Facsimile Number: 207-791-3111

27

THE UNDERSIGNED PARTY enters into this consent decree in the matter of United States and
State of Maine v. Chevron U.S.A. Inc., et al.

FOR CUMBERLAND FARMS, INC.:

03/10/2016
Dated

/s/ Mark G. Howard
Name: Mark G. Howard
Title: Exec. VP, General Counsel & Secretary
Address:
Cumberland Farms, Inc.
100 Crossing Boulevard
Framingham, MA 01702

Agent authorized to accept service on behalf of Cumberland Farms, Inc.:

Name: Mark G. Howard, Exec. VP, General Counsel &
Secretary
Address:
100 Crossing Boulevard
Framingham, MA 01702
Telephone number: 508-270-1475
Facsimile Number: 781-459-0570

28

THE UNDERSIGNED PARTY enters into this consent decree in the matter of United States and
State of Maine v. Chevron U.S.A. Inc., et al.

FOR GULF OIL LIMITED PARTNERSHIP:

03/01/2016
Dated

/s/ D. Gregory Scott
Name: D. Gregory Scott
Title: SVP Supply Operations
Address:
Gulf Oil Limited Partnership
100 Crossing Boulevard
Framingham, MA 01702

Agent authorized to accept service on behalf of Gulf Oil Limited Partnership:

Name: Christopher E. Gill
Address:
100 Crossing Boulevard
Framingham, MA 01702
Telephone number: [phone]
Facsimile Number: [phone]

29