On October 8, the National Wildlife Federation (“NWF”) fulfilled its promise to sue the U.S. Department of Transportation (“DOT”). The lawsuit alleges that for 20 years the DOT has allowed pipelines to operate illegally by failing to issue regulations under section 311(j) of the Clean Water Act (“CWA”), which requires pipeline operators to submit plans detailing response actions to be taken in the event of a worst-case scenario spill. The complaint specifically focuses on pipelines that cross inland navigable waters of the United States. According to the Pipeline and Hazardous Materials Safety Administration, pipelines cross inland bodies of waters at more than 18,000 locations in the United States.

In the complaint, which was filed in the U.S. District Court for the Eastern District of Michigan, the NWF claims that DOT is obligated to issue regulations requiring owners or operators of pipelines, landward of the coast line located in, on, or under any navigable waters of the United States, to prepare and submit to the DOT a facility response plan (“FRP”).

FRPs outline actions to be taken in the event of a worst-case discharge of oil or hazardous substances into waters of the United States.  Owners and operators must ensure that they have sufficient resources to cleanup a “worst case discharge” and to mitigate or prevent a substantial threat of such a discharge.

While the lawsuit has national implications, the NWF’s complaint largely focuses on two buried pipelines that connect Lake Michigan to Lake Huron via the Straits of Mackinac, carrying up to 22.7 million gallons of crude oil or natural gas liquids a day. In the lawsuit, the NWF seeks an order to (1) compel DOT to issue the new FRP regulations and (2) set a schedule for the DOT to obtain and review FRPs.

Mineral Law Blog will continue to monitor and report on this lawsuit as the case evolves.

Photo of Mike Mills Mike Mills

Mike Mills is an experienced environmental attorney who represents his clients in complex regulatory, compliance and litigation matters. His scientific background in environmental toxicology, as well as his contacts within California’s state regulatory agencies, make him ideally suited to provide effective and practical…

Mike Mills is an experienced environmental attorney who represents his clients in complex regulatory, compliance and litigation matters. His scientific background in environmental toxicology, as well as his contacts within California’s state regulatory agencies, make him ideally suited to provide effective and practical solutions to environmental, regulatory and sustainability challenges that his clients confront.

Mike is a former co-chair of the firm’s Energy and Natural Resources Industry Group, and his deep connections within California’s oil and gas industry span over two decades. Oil and gas clients appreciate Mike’s experience as they manage business growth and risks in the challenging regulatory environment in which they operate in California.

Click here for Mike Mills’ full bio.