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Notice of Lodging of the Proposed Consent Decree Under the Oil Pollution Act

---
identifier: "/us/fr/2014-29399"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Notice of Lodging of the Proposed Consent Decree Under the Oil Pollution Act"
title_number: 0
title_name: "Federal Register"
section_number: "2014-29399"
section_name: "Notice of Lodging of the Proposed Consent Decree Under the Oil Pollution Act"
positive_law: false
currency: "2014-12-16"
last_updated: "2014-12-16"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Justice Department"
document_number: "2014-29399"
document_type: "notice"
publication_date: "2014-12-16"
agencies:
  - "Justice Department"
fr_citation: "79 FR 74765"
fr_volume: 79
---

#  Notice of Lodging of the Proposed Consent Decree Under the Oil Pollution Act

On December 9, 2014, the United States Department of Justice and the State of Iowa lodged a Proposed Consent Decree with the United States District Court for the Northern District of Iowa in *United States* v. *Dakota, Minnesota, and Eastern Railroad Corporation, d/b/a Canadian Pacific,* Civil Action No. 2:14-cv-01025-EJM.

This civil action asserts claims against Dakota, Minnesota, and Eastern Railroad Corporation, d/b/a Canadian Pacific (“Defendant”) pursuant to the Oil Pollution Act (“OPA”), 33 U.S.C. 2701, *et seq.,* for damages for injury to natural resources, and the costs of assessment thereof, from the derailment of a Canadian Pacific train near Guttenberg, Iowa in 2008 and the resulting discharge of oil into the Mississippi River. To resolve the United States' and States' claims the Defendant will pay $625,000  and in return it will receive a covenant not to sue for natural resource damages.

The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to *United States* v. *Dakota, Minnesota, and Eastern Railroad Corporation, d/b/a Canadian Pacific,* Civil Action No. 2:14-cv-01025-EJM, DOJ Reference Number 90-11-3-10260.

All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

|  |  |
| --- | --- |
| By email |  |
| By mail | Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611. |

During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: *http://www.usdoj.gov/enrd/Consent_Decrees.html.* We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

Please enclose a check or money order for $6.50 (25 cents per page reproduction cost) payable to the United States Treasury.

Susan M. Akers,

Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.