United States of America v Nustar Pipeline Operating Partnership L.P.

Filing 7

ORDER - IT IS HEREBY STIPULATED AND AGREED between Plaintiff and Defendant that the Consent Decree is terminated. IT IS SO ORDERED. Ordered by Senior Judge Joseph F. Bataillon. (TCL )

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
__________________________________________
)
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
Civil Action No. 10-106
v.
)
)
NUSTAR PIPELINE OPERATING
)
PARTNERSHIP L.P.,
)
)
Defendant.
)
__________________________________________)

JOINT STIPULATION TERMINATING THE CONSENT DECREE
WHEREAS, Plaintiff, the United States of America, on behalf of the Environmental
Protection Agency (“EPA”), and Defendant Nustar Pipeline Operating Partnership, L.P.
(“Nustar”), respectfully requests that the Court terminate the Consent Decree that it entered in
this action on April 27, 2010;
WHEREAS, the United States filed the Complaint in this action and concurrently lodged
a proposed Consent Decree resolving claims brought on behalf of EPA, pursuant to Sections
311(j) and 309 of the Clean Water Act (“CWA”), 33 U.S.C. §§ 1321, 1319.
WHEREAS, the Court signed a Consent Decree resolving the claims asserted in the
Complaint and entered it as a judicial order on April 27, 2010. ECF No. 5.
WHEREAS, Defendant has paid the civil penalty required by the Consent Decree and
satisfactorily complied with the injunctive relief requirements of the Decree;

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WHEREAS, Paragraphs 66-67 of the Decree read, in their entirety:
66 After Defendant has completed performance of its obligations required by this
Consent Decree, including payment under Section IV (Civil Penalty) of this
Decree and any accrued stipulated penalties under Section VIII, performance of
the Supplemental Environmental Project under Section VI, and Reporting under
Section VII, Defendant may serve upon the United States a written Request for
Termination, stating that Defendant has satisfied those requirements, together
with all necessary supporting documentation.
67 Following receipt by the United States of Defendant’s Request for Termination,
the Parties shall confer informally concerning the Request and any disagreement
that the Parties may have as to whether Defendant has satisfactorily complied
with the requirements for termination of this Consent Decree. If the United States
agrees that the Decree may be terminated, the United States shall file, for the
Court=s approval, a joint stipulation terminating the Decree.
WHEREAS, Defendant has complied the with the material obligations of Paragraphs 67;
and
WHEREAS, the United States agrees that the Decree should be terminated.

IT IS HEREBY STIPULATED AND AGREED between Plaintiff and Defendant that the
Consent Decree is terminated.
IT IS SO ORDERED, this _________ day of ________________, 2015.
25th
March

________________________________
UNITED STATES DISTRICT JUDGE

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FOR PLAINTIFF UNITED STATES OF AMERICA:
JOHN CRUDEN
Assistant Attorney General
Environment and Natural Resources Division
United States Department of Justice
By:

_

/s/ Elizabeth L. Loeb
ELIZABETH L. LOEB
Senior Counsel
Environmental Enforcement Section
Environment & Natural Resources Division
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Tel: [phone]
[e-mail]

Of Counsel:
Howard Bunch
U.S. EPA Region VII
901 North 5th Street
Kansas City, KS 66101

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FOR DEFENDANT NUSTAR PIPELINE OPERATING PARTNERSHIP L.P.

/s/ Adam G. Sowatzka
ADAM G. SOWATZKA
Partner
King & Spalding LLP
1180 Peachtree Street N.E.
Atlanta, GA 30309-3521
Tel: [phone]
[e-mail]

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CERTIFICATE OF SERVICE
I hereby certify that on March 19, 2015, a copy of the foregoing Joint Stipulation
Terminating the Consent Decree was served on Defendant’s counsel via the Court’s electronic
filing system:
Adam Sowazka
King & Spalding LLP
1180 Peachtree Street
Atlanta, GA 30309

/s/Elizabeth Loeb
Environmental Enforcement Section
Environment & Natural Resources
Division
United States Department of Justice
P.O. Box 7611
Washington, DC 20044-7611
[phone]
[e-mail]

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