The Great Lakes Environmental Law Center has sent a notice of intent to sue Enbridge, Inc. for violations of the Clean Water Act resulting from the burst pipeline that has spilled approximately one million gallons of oil into Talmadge Creek and the Kalamazoo River. The Clean Water Act requires this formal 60-day notice prior to commencing a citizen suit to enforce violations of the law. As detailed in the 60-day notice letter, based on the estimated size of the spill, Enbridge could face fines of over $26 million. And if Enbridge is found to be grossly negligent in its maintenance and operation of the pipeline (especially in light of the numerous warnings issued by federal regulators regarding corrosion of the pipeline), the company could face $100 million in fines. While enforcement and fines alone won’t clean up the Kalamazoo River, this legal action by the Great Lakes Environmental Law Center will help insure that Enbridge is held accountable for their violations of the Clean Water Act.
Update: See coverage of GLELC's notice of intent to sue by Todd Spangler of the Detroit Free Press, John Flesher of the Associated Press (in the Kalamazoo Gazette) and Eartha Jane Melzer in the Michigan Messenger.