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-FILED

UNITED STATES DISlHlCT COURT

ALUUGUEHOUt:, NEW MEXICO

;

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

JUL 11 2006

MATTHEW J. DYKMAN

CLERK

v.

Plaintiffs,

Defendants.

UNITED STATES OF AMERICA,

STATE OF NEW MEXICO, and

STATE OF MONTANA

Civil No.•CIV-OI-1422LH

Honorable Leslie C. Smith

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NAVAJO REFINING COMPANY, L.P., )

and MONTANA REFINING COMPANY)

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STIPULATED ORDER

SUBSTITUTING MONTANA REFINING COMI'ANY, INC.

FOR MONTANA REFINING COMPANY

AS THE DEFENDANT IN THE ABOVE-REFERENCED CASE

AND CONSENT t>ECREE

WHEREAS. Plaintiffthe United States ofAmerica ("United States").

Plaintiff-Intervenors the State ofNew Mexico and the State of Montana (collectively,

"Plaintifl~lntervcnors"), and Defendants Navajo Relining Company, L.P, ('"Navajo") and

Montana Refining Company ("Montana Refining") arc parties to a Consent Decree entered by

this Court on March 5. 2002 ("Consent Decree") regarding alleged environmental violations at

certain facilities owned by Navajo and Montana Refining;

WHEREAS. pursuant to Paragraph 6 ofthis Consent Decree the Great Falls

Refinery, owned by Montana Refining is one ofthe facilities covered by this Consent Decree;
~VHEREAS, Montana Refining has sold the ,assets orthe Great Falls Refinery to

Montana Refining Company Inc" a subsidiary orConnacher Oil and Gas Limited:

WHEREAS, Paragraph 94 of the Consent Decree provides that material

modifications to the Consent Decree shall be made by agreement. orthe United States, the State

of New Mexico. the State of Montana. Navajo. and Montan~ Refining in writing and filed with

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the Court;

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WHEREAS. Paragraph 7 orthe Consent Decree provides that Montana Relining

shall condition any transfer. in whole or in part, of ownership and/or operation ofthe Great Falls

Refinery "upon the execution by the transferee of a modification to the Consent Decree which

makes the terms and conditions ofthe Consent Decree that apply to [the Great Falls Refinery]

applicable to the transferee";

WHEREAS, on or about March 31. 2006, MQntana Refining sold the assets ofthe

Great Falls Refinery to Montana Refining Company, Inc.. a ¥ubsidiary ofConnaeher Oil and Gas

Limited;

WHEREAS, as part ofthe purchase agreement, Montana Refining Company, Inc.

agreed to assume all orlhe tcrms and conditions orthe Consent Deerce relating to the Great Falls

Refinery that have not been fully met by Montana Refinery Company;

WHEREAS, Montana Refining Company, Inc. now owns and operates the Great

Falls Refinery;

NOW, THEREFORE, it is Ordered, Adjudged, and Decreed as follows:

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I. The Joint Motion for entry of a Stipulated Order Substituting Montana

Relining Company, Inc. for Montana Refining Company as a Defendant with respect to all ofthe

tenns and conditions ofthe Consent Decree relating to the Great Falls Relinery that have not

been fully met by Montana Refinery Company is GRANTED:

2. Effective on the Date of Entry ofthis Stipulated Order, and with respect to all

ofthe terms and conditions ofthe Consent Decree relating to the Great Falls Relinery that have

not been fully met by Montana Refinery Company, Montana Refining Company, Inc. shall be

substituted for Montana Refining Company where Montana Refining Company's name app~ars:

3. EITeetive on the Date of Entry of this Stipulated Order, Montana Refining

Company shall be released from all obligations and liability under the Consent Decree.

4. Under Paragraph 91 ofthe Consent Decree, notices "as to Montana Refining"

shall instead be notices "as to Montana Refining Company, Inc." and shall be directed to:

Refinery Manager

Montana Refining Company, Inc.

1900 10th St., N.E.

Great Falls, MT 59404

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The undersigned party consents to the Stipulated Order Substituting Montana Retining

Company, Inc. for Montana Refining Company as a Defendant in the Case and Consent Decree

numbered CIV-01-1422LH (D.N.M.l. .

FOR THE UNITED STATES OF AMERICA

SUE ELLEN WOOLDRIDGE

Assistant Attorney General

Environment and Natural Resources Division

sl Annette M. Lang

ANNETTE M. LANG

Trial Attorney'

Environment and Natural Resources Division

U.S. Department ofJustice

P.O. Dox 7611 :

Den franklin Station

Washington. D.C. 20044-7611

(202) 514-4213'

(202) 616-6584'(facsimilel

annette.lang@usdoj.gov

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Th~ undersigned party eons~nts to th~ Stipulated Order Substituting Montana Relining

Company, Ine, for Montana Relining Company as a Defendant in the Case and Consent Decree

numbered CIV-01-1422LH (D.N.M.).

FOR PLAINTIFF-INTERVENOR

THE STATE OF NEW MEXICO

sl with consent of Ron Curry

RON CURRY, Cabinet Secretary

New Mexico E'nvironment Department

P.O. Box 26110

1190 St. Francis Dr.

Santa Fe, New Mexico 87502-6610

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" 1"

The undersigned party consents to the Stipulated Order Substituting Montana Refining

Company, Inc. for Montana Refining Company as a Defendant in the Case and Consent Decree

numbered CIV-01-1422LH (D.N.M.). '

FOR PLAINTIFF-INTERVENOR

THE STATE OF MONTANA

sl with consentof Richard 1-1. Opper

RICHARD H. OPPER

Director

Montana nepaftment of Environmental Quality

P.O. Box 20090 I

Helena, MT 59620-0901

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The undersigned party consents to the Stipulated Order Substituting Montana Refining

Company, Inc. for Montana Refining Company as a Defendant in the Case and Consent Decree

numbered eIV-OJ-1 422I.H (D.N.M.).

FOR DEFENDANT

NAVAJO REFINING COMPANY, LoP.

sl with consent of Matthew P. Clifton

MATTHEW P. CLIFTON

Chief Executive Oftieer

100 Crescent Court, Suite 1600

Dallas. Texas 7520 I

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The undersigned party consents to the Stipulated Order Substituting Montana Refining

Company, Inc. ·for Montana RefiningCompany as a Defendant in the Case and Consent Decree

numbered CIVoOI-1422LH (D.N.M.)

FOR DEFENDANT

MONTANA REFINING COMPANY.

By its Partners

BLACK EAGLE, INC.

sl with consent ofMatthew P. Clifton

MATTHEW P. CLIFTON

President

100 Crescent Court, Suite 1600

Dallas, Texas 7520 I

NAVAJO NORTHERN, INC.

sl with consent of David L. Lamp

DAVlD L. LAMP

President

100 Crescent Court. Suite 1600

Dallas. Texas 75201

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The undersigned party consents to the StipulatedOrdcr Substituting Montana Refining

Company, Inc. j{)r Montana Refining Company as a Defendant in the Case and Consent Decree

numbered CIV~01-1422LH (D.N.M.l

FOR HOLLY CORPORAnON

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sl with· consent of Matthcw P. Clifton

MATTHEW P. CLIFTON

Chief Exccutive Officcr

100 Crescent Court, Suite 1600

Dallas, Texas 7520 I

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The undersigned party consents to the Stipulated Order Substituting Montana Refining

Company, Inc. for Montana Refining Company as a Defendant in the Case and Consent Decree

numbered CIV-0 1-1422LH (D.N.M.)

FOR DEFENDANT

MONTANA REFINING COMPANY, IJIIT.

sl with consent of Richard R. Kines

RICHARD R. KINES

Vice President, Finance and

Chief Financial Officer

Suite 2600, 530-8th Avenue S.W.

Calgary, AB, Canada T2P 3S8

...

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The undersigned party consents to the Stipulated Order Substituting Montana Refining

Company, Inc. for Montana Refining Company as a Defendant in the Case and Consent Decree

numbered CIV-01-1422LH (D.N.M.)

FOR CONNACHER OIL AND GAS LIMITED

wi with consent of Richard R. Kines

RIel-lARD R. KINES

Vice President,: Finance and

Chief Financial Officer

Suite 2600, 530-8th Avenue S.W.

Calgary, AB. Canada T2P 3S8

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