On Monday, the United States and North Dakota filed a complaint in the District of Montana against Bridger Pipeline LLC and Belle Fourche Pipeline Company alleging violations of the Clean Water Act (CWA) along with North Dakota state and federal law.
According to the complaint, Bridger and Belle Fourche are Wyoming corporations that own and operate hundreds of miles of buried pipelines that gather and transport crude oil in Montana, North Dakota and Wyoming. The complaint also states that Bridger and Belle Fourche are affiliates and under the common control of the True Companies, a privately held conglomerate with operations focused on the oil and gas industry. Further, the complaint purports that Bridger owns and operates the Polar Pipeline, and Belle Fourche owns and operates the Bicentennial Pipeline.
The plaintiffs allege that on January 17, 2015, the Polar Pipeline ruptured where it crosses the Yellowstone River, resulting in the discharge of approximately 1,257 barrels of crude oil into the Yellowstone River near Glendive, Montana. The Yellowstone spill allegedly resulted in oil sheens on the Yellowstone River which lasted for weeks and contamination of local drinking water.
The complaint argues that the Yellowstone spill was a result of Bridger’s failure to conduct adequate risk analysis and was in violation of the CWA, Federal Pipeline Safety Regulations and North Dakota state law.
Additionally, the complaint alleges that around December 1, 2016, the Bicentennial Pipeline ruptured resulting in the discharge of approximately 14,400 barrels of crude oil, including into Ash Coulee Creek, the Little Missouri River and their adjoining shorelines. The plaintiffs argue that the Ash Coulee spill was avoidable and was caused by Belle Fourche’s failure to address a known risk of slope failure, due to the hilly terrain the pipeline passed through, and to correct a miscalibrated flow meter at the bicentennial station.
The plaintiffs further allege that Belle Fourche failed to immediately shutdown the Bicentennial Pipeline when it became aware of the spill causing further damage. Specifically, the complaint states that, despite clear discrepancies with the volume of crude oil at its pump stations caused by the rupture on December 1, Belle Fourche operated the Bicentennial Pipeline as usual until December 5, 2016. The complaint argues that the Ash Coulee spill resulted in the contamination of surface water, groundwater and soil at and near Ash Coulee Creek.
The plaintiffs bring the present lawsuit to recover injunctive relief and civil penalties for the defendants’ violations of the CWA, the Federal Pipeline Safety Regulations and North Dakota state law.
