From: Nigel.Allen@bbs.oit.unc.edu (Nigel Allen)
Newsgroups: rec.outdoors.fishing,alt.native,misc.legal,alt.activism
Subject: Damages Settlement Reached on John Day River Spill in Oregon
Date: 30 Sep 92 00:43:46 GMT
Organization: NDA

Here is a press release from the U.S. Justice Department

 Damages Settlement Reached on John Day River Spill in Oregon
 To: National Desk, Environment and Legal writer
 Contact: Department of Justice Public Affairs, 202-514-2007

   PORTLAND, Ore., Sept. 28  -- The United States, the State 
of Oregon, and the Confederated Tribes of the Umatilla Indian
Reservation (Confederated Tribes) reached a settlement agreement with
the Thatcher Co. for damages from a Feb. 8, 1990, spill of
hydrochloric acid in the John Day River.
  Upon entry of the consent decree by the court this settlement of
$275,000 will be the largest natural resource damage recovery in
Oregon.  Acting Assistant Attorney General for the U.S. Department of
Justice, Environment and Natural Resources Division, Vicki O'Meara
said, "This settlement is designed to help restore or replace natural
resources damaged as a result of the John Day acid spill.  The
settlement further demonstrates that joint efforts between federal
and state governments and treaty tribes have outstanding results."
   The spill incident occurred when a tanker truck owned and operated
by the Thatcher Co. skidded off Highway 395 near the town of Dale,
Ore., into the North Fork of the John Day River and released
approximately 3,500 gallons of acid into the river.  The acid caused
extensive damage, affecting over 12 miles of the river and killing
more than 100,000 fish and many aquatic invertebrates.  Fish
destroyed as a result of the spill included salmonids (steelhead,
chinook and rainbow trout), a federal and state sensitive species
(bull trout), several species of nongame fish, and other species
highly valued by Confederated Tribes.
   The U.S. Department of Justice and the state of Oregon, today
filed complaints and a consent decree resolving claims for this
incident under the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) and state law against the Thatcher Co., a
Utah-based chemical manufacturer and transportation corporation.
Under terms of the settlement, the U.S. Department of the Interior
(Fish and Wildlife Service, Bureau of indian Affairs), the
Confederated Tribes, and the state (Oregon Department of Fish and
Wildlife), as trustees for natural resources damaged by the acid
spill, will receive $275,000 from the Thatcher Co.  These funds will
be used to restore resources destroyed as a result of the spill.
   The Oregon Department of Fish and Wildlife, U.S. Fish and Wildlife
Service, U.S. Bureau of Indian Affairs, and Confederated Tribes will
jointly develop a restoration plan and determine what actions will
lead to the greatest benefit for the injured resources.  Projects may
include fencing to protect and enhance riparian vegetation mitigation
through land acquisition and easements, and instream improvements to
enhance fish spawning and rearing habitat.  Settlement monies will be
placed in a joint fund to be administered by both federal and state
agencies.  State and federal agencies and Confederated Tribes worked
closely together to respond to this spill incident and in develop an
assessment of damages to natural resources.  Federal and state
officials note that this settlement demonstrates that state and
federal agencies, treaty tribes and responsible parties can pursue
joint efforts to reach mutually beneficial accomplishments and bring
to a satisfactory conclusion a tragic environmental incident.
   The consent decree was lodged with the U.S. District Court in
Portland, Ore., and will be open to public comment and subject to
approval by the federal district court.
 -0-



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