In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 4477

JUDICIAL CONSENT ORDER AS TO BP AMERICA INC., BP AMOCO CHEMICAL COMPANY, BP CORPORATION NORTH AMERICA INC. (f/k/a BP AMOCO CORPORATION), BP PRODUCTS NORTH AMERICA INC., AND ATLANTIC RICHFIELD COMPANY ONLY: THEREFORE, with the consent of the Parties to this JCO, it is hereby ORDERED and ADJUDGED: This case was removed to the United States District Court for the District of New Jersey pursuant to 28 U.S. C. § 1446(d) and the Energy Policy Act of 2005, 42 U.S.C. § 7545, et seq., which expressly authorized the removal of legal actions related to allegations involving MTBE contamination, and then assigned to the United States District Court for the Southern District of New York as part of the Multi-District Litigation. Part of the litigation was remanded to the United States District Court for the District of New Jersey. (a) Within fourteen (14) Days after the effective date of this JCO, the BP Defendants shall pay the Plaintiffs Thirty Two Million Dollars ($32,000,000. 00) ("First Payment"). Within 194 Days after the effective date of this JCO, the BP Defendants shall pay the Plaintiffs Thirty Two Million Dollars ($32,000,000.00) plus Interest for a total payment of $32,387,419.18 ("Second Payment"). The First Payment and Second Payment in the total amount of Sixty Four Million Three Hundred Eighty Seven Thousand Four Hundred Nineteen Dollars and Eighteen Cents ($64,387,419.18) are made in full and complete satisfaction of Plaintiffs' claims that are released or for which a covenant not to sue is provided in Section VI of the JCO. (b) The amounts specified in Paragraph 5(a) above shall be paid by wire transfers pursuant to instructions provided by Plaintiffs. Notice of payment shall be emailed to: John Sacco, Chief, Office of Natural Resource Restoration, Natural and Historic Resources Program, New Jersey Department of Environmental Protection at John.Sacco@dep.nj.gov and to Gary Wolf, Section Chief, Environmental Enforcement Section, Division of Law, Department of Law and Public Safety at Gary.Wolf@law.njoag.gov or such other persons as Plaintiffs may designate. The effective date of this JCO shall be the date upon which this JCO is entered by the Court. This Court retains jurisdiction over both the subject matter of this JCO and the Parties for the duration of the performance of the terms and provisions of this JCO 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 JCO, or to effectuate or enforce compliance with its terms, and as further set forth in this order. (Docketed in 00cv1898 and 8cv312) (Signed by Judge Vernon S. Broderick on 12/22/2017) (ap)