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EPA and Partners Announce Sunoco Pipeline and Mid-Valley Pipeline Settle Oil Spill Violations with $5M Civil Penalty

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EPA and Partners Announce Sunoco Pipeline and Mid-Valley Pipeline Settle Oil Spill Violations with $5M Civil Penalty

In the latest joint federal-state Clean Water Act enforcement action, Sunoco Pipeline L.P. has agreed to pay civil penalties and state enforcement costs and to implement corrective measures to resolve alleged violations of the Clean Water Act and state environmental laws by Sunoco and Mid-Valley Pipeline Company stemming from three crude oil spills in 2013, 2014, and 2015, in Texas, Louisiana, and Oklahoma.

The Department of Justice, the U.S. Environmental Protection Agency (EPA), and the Louisiana Department of Environmental Quality (LDEQ) jointly announced the settlement.

Under a proposed consent decree lodged in the U.S. District Court for the Western District of Louisiana, Sunoco will pay the United States $5 million in federal civil penalties for the Clean Water Act violations and pay LDEQ $436,274.20 for civil penalties and response costs to resolve claims asserted in a complaint filed today. Additionally, Sunoco agreed to take actions to prevent future spills by identifying and remediating the types of problems that caused the prior spills. This includes performing pipeline inspections and repairing pipeline defects that could lead to future spills. Sunoco is also required to take steps to prevent and detect corrosion in pipeline segments that Sunoco is no longer using. Mid-Valley, the owner of the pipeline that spilled oil in Louisiana, is responsible, along with Sunoco, for payment of the civil penalties and state costs relating to the Louisiana spill.

“This settlement holds Sunoco and Mid-Valley accountable for the harms to the environment caused by their oil spills and requires Sunoco to improve its environmental safety compliance for the oil pipelines that it operates in Texas, Louisiana, and Oklahoma,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “This excellent result shows how a strong federal and state partnership can bring about effective environmental enforcement to protect local communities in these states.”

“My office is committed to protecting Louisiana’s environment for the health, well-being, and enjoyment of our citizens,” said U.S. Attorney David C. Joseph for the Western District of Louisiana. “This settlement is but one example of my commitment to work with the Environmental Protection Agency and Louisiana Department of Environmental Quality to make Louisiana a cleaner and healthier place to live.”

“Our nation relies on the oil and gas sector to meet our energy needs, and we also expect companies to do so while protecting our vital water resources,” said EPA Regional Administrator Anne Idsal. “Companies who violate this responsibility must face consequences and assure their future compliance.”

“Pipelines are generally a very safe medium for transporting crude oil, but like any other infrastructure, pipelines require maintenance and monitoring. When companies neglect these necessary actions, pipelines can weaken and a spill can occur, which results in damage to the environment,” said LDEQ Secretary Dr. Chuck Carr Brown. “LDEQ is committed to pursuing legal action against anyone whose actions cause damage to the environment of the state of Louisiana.”

The complaint alleges federal and state claims relating to three crude oil spills: a 2013 spill of 550 barrels in Tyler County, Texas; a 2014 spill of approximately 4,500 barrels in Caddo Parish, near Mooringsport, Louisiana; and a 2015 spill of 40 barrels in Grant County, Oklahoma. The Texas spill affected Russell Creek, which flows to the Neches River. The Louisiana spill—the largest of the three—flowed to Tete Bayou, a tributary of Caddo Lake. The Oklahoma spill flowed into two creeks that flow to the Arkansas River, affecting an area of about a half a mile. All three spills resulted from pipeline corrosion.

The Clean Water Act makes it unlawful to discharge oil or hazardous substances into or upon the navigable waters of the United States or adjoining shorelines in quantities that may be harmful to the environment or public health. The penalty paid to the United States will be deposited in the federal Oil Spill Liability Trust Fund managed by the National Pollution Funds Center. Those funds will be available to pay for federal response activities and to compensate for damages when there is a discharge or substantial threat of discharge of oil or hazardous substances to waters of the United States or adjoining shorelines.

The proposed consent decree is subject to public comment requirements and court review and approval.  A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/consent-decrees.

VCSO Regional Jail Officers Course Graduates 19 New Officers

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The Vanderburgh County Sheriff’s Office graduated nineteen (19) new confinement officers from the Indiana Law Enforcement Basic Jail Officers Course today. Officers from Vanderburgh, Pike, Warrick, Tippecanoe, Posey, Martin and Bartholomew counties completed the Basic Jail Officer’s Course.

In 2006 the Indiana Law Enforcement Training Board approved the Vanderburgh County Sheriff’s Office as a regional training site for this forty (40) hour course, which is required of all newly hired jail officers during their first year. The new officers were instructed in subjects such as: ethics, tactical communication, report writing, jail operations, physical security, searches, evidence gathering, booking and admissions, blood borne pathogens, cultural awareness, suicide prevention, mental illness and legal issues.

The regional officers will return to their respective agencies next week in order to continue additional facility specific training. Vanderburgh County Sheriff’s Office confinement officers will spend the next two weeks attending additional classroom and practical training, which will include topics such as: housing unit supervision, gang identification, defensive and physical tactics, record keeping and practical scenarios. Upon completion of the classroom training, the new confinement officers will be assigned to a Field Training Officer (FTO) for an additional ten (10) weeks before being permitted to work alone.

At any given time the Sheriff’s Office houses over 675 inmates within the confines of a 146,500 square foot facility. As an Indiana Law Enforcement Academy accredited provider, the Sheriff’s Office accepts applications from outside agencies to attend the Basic Jail Officers Course at our facility.

COA: ‘Significant’ DCS failures made termination of parental rights erroneous

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KATIE STANCOMBE FOR WWW.THEINDIANALAWYER.COM

A mother won her appeal to reverse an erroneous order terminating her parental rights when the Indiana Court of Appeals found the Department of Child Services committed ‘significant procedural irregularities’ in her case.

Mother L.H. remained in and out of a repeatedly physically abusive relationship with the father of her children, D.H., K.H., and E.H., for nearly 15 years. Domestic violence was often committed against L.H. by Father, and often in the presence of the children.

In 2016, the parents admitted D.H., K.H. and E.H. were children in need of services, thus leading to their removal from the home. Both L.H. and Father were ordered to engage in services and over the next several years, the two separated, participated in services and found stable housing and employment.

When DCS ordered an unsupervised trial home visit with the children and L.H. at Father’s home in August 2017, he resumed physically abusing L.H. Also, in September 2017, K.H. informed L.H. that Father had sexually abused K.H. a few days prior.

In October 2017, DCS family case manager Shonna Leas took over the CHINS case, but admitted to only reviewing “most” of the file, failing to consult any of the five previous family case managers on the case and being unaware of what services L.H. had completed and what services she was still required to complete. Despite L.H.’s questions about what to she still needed to do to regain custody of her children, Leas did not refer L.H. to any services nor encourage her to seek them out.

Then, after L.H. reported a domestic violence incident to Leas, as well as K.H.’s sexual abuse allegations against Father, DCS filed its petition for involuntary termination of the parent-children relationships. In June 2018, the termination petition was granted when a trial court concluded there was a reasonable probability the mother-children relationship posed a threat to the children’s well-being and that termination of that relationship was in their best interest.

On appeal, L.H. argued the termination order should be reversed because DCS mishandled her case to the point of denying her due process of law. Similarly, the appellate court noted that despite language in the DCS policy manual that states it will “provide family services to all children and families with an open case,” Leas failed to do so upon taking over the CHINS case in 2017.

“Essentially, FCM Leas knew little-to-nothing about Mother’s service needs and compliance or non-compliance with services; yet DCS moved for termination of Mother’s rights anyway,” Judge L. Mark Bailey wrote for the panel.  “And it did so without noting, as required by law, that there were grounds to move to dismiss the termination petition because of DCS’s failure to identify and/or provide necessary family services while the CHINS case was open.”

The appellate panel found that failure on DCS’ part created the risk of a “premature, erroneous termination of Mother’s rights on the grounds that she was not complying with services.”

Additionally, the appellate court found DCS further violated its own policy when it did not provide a visitation plan pursuant to its written visitation procedures to prevent L.H. from being forced to interact with the children’s father.

“Therefore, Mother visited Children at Father’s home without third party supervision and, predictably, during one such visitation Father physically abused Mother in Children’s presence,” Bailey continued. “… This procedural error was then compounded by DCS’s subsequent petition to terminate Mother’s parental rights on the grounds that she had not protected Children from witnessing domestic violence, without also noting that DCS had failed to provide services that were ‘substantial and material’ in relation to the reunification goal of protecting Children from witnessing domestic violence.”

Thus, the appellate court reversed the termination order in In the Matter of the Involuntary Termination of the Parent-Child Relationship of D.H., K.H., and E.H. (Minor Children) and L.H. (Mother) v. The Indiana Department of Child Services,18A-JT-1861, finding DCS’ significant procedural irregularities created a risk of the erroneous filing of a petition to terminate L.H.’s parental rights to her children, in violation of her due process rights.

The case was further remanded to the trial court for reinstatement of the CHINS cases, a re-examination of the requirements for L.H.’s reunification with D.H., K.H. and E.H. and a revised dispositional order outlining the services she must complete in order to reunify with them.

HOT JOBS IN EVANSVILLE

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Cold second half sends Eagles to second straight loss

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Despite getting a career-high 19 points from junior guard Ashley Johnson (Louisville, Kentucky), University of Southern Indiana Women’s Basketball suffered a 66-61 Great Lakes Valley Conference loss to host Bellarmine University Saturday evening at Knights Hall.

USI (14-6, 7-3 GLVC) saw an 11-point halftime lead slip away as the Knights used a 10-0 run to end the third before outscoring the Screaming Eagles 17-8 throughout the first nine minutes of the fourth quarter.

Bellarmine (10-8, 4-6 GLVC) trailed 45-35 with six minutes to play in the third period before holding the Eagles to 0-of-8 shooting and four turnovers throughout the rest of the quarter to even the score at 45-45.

The Eagles’ woes continued into the fourth period, where they made just two of their first 12 shots while committing six turnovers. The Knights took advantage of USI’s cold shooting as they surged out to a 62-53 lead with 45 seconds left in the contest.

Johnson, however, made a game of it in the final minute as she scored eight of her team-high 19 points in the final 40 seconds.

With USI trailing 62-53, Johnson scored on a pull up jumper in the lane, getting fouled in the process for a three-point play to cut USI’s deficit to six. She got a steal and a layup on Bellarmine’s next possession to pull the Eagles to within four with 34 seconds left in the game.

Following a Bellarmine free throw, Johnson hit a three-pointer to get the Eagles to within 63-61 with 22 seconds to play. USI had a chance to go for the tie in the final 20 seconds after a Bellarmine missed three-pointer, but sophomore guard Kennedy Williams (Marshall, Illinois) had her three-point attempt blocked, while Mikayla Rowan(Brazil, Indiana) was unable to get her put back attempt to go in the hoop.

Bellarmine’s Breia Torrens secured the rebound and hit two free throws with seven seconds to play to secure the win for the Knights and USI’s second straight loss.

Night and day
The difference between the first and second halves was like the difference between night and day for the Eagles. USI made 12-of-25 (.480) from the field, was 4-of-7 (.571) from three-point range and went 12-of-15 (.800) from the free throw line in the first 20 minutes. The Eagles, with a minute left in the game, were just 4-of-28 (.143) from the field, 1-of-5 (.200) from three-point range and 4-of-12 (.333) from the free throw line in the second half.

USI finished the game 19-of-59 (.322) from the field, 6-of-15 (.400) from three-point range and 17-of-28 (.607) from the charity stripe.

Three-point plays huge in first half
USI made a killing on three-point plays in the opening half. The Eagles made four three-pointers, were fouled on another three-pointer before converting all three free throws and had three old-fashioned three-point plays in the first 20 minutes of the game.

Statistical leaders
In addition to Johnson, who had three assists and five steals, the Eagles also got 10 points apiece from sophomore forward Imani Guy (Columbus, Indiana) and senior center Kacy Eschweiler (St. Charles, Missouri). Rowan added a career-high 12 rebounds to lead USI on the boards, while Mikayla Berry came off the bench to lead the Knights with a game-high 23 points.

Foul out
USI had four players foul out, including Guy, Eschweiler, senior guard Alex Davidson (Salem, Indiana) and sophomore guard Emma DeHart (Indianapolis, Indiana).

ADOPT A PET

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Sila (see-la) is a beautiful calico! She’s about 2 years old. She would likely get along with one or two other cats, but a room full of them is overwhelming for her. She’s a sweet girl who is affectionate with people. Her adoption fee is $40 and she’s ready to go home TODAY spayed, microchipped, and vaccinated. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!

Eagles shock #1 Knights, 80-76

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ADOPT A PET

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Snuggie is a 10-year-old female black Lab. She was originally adopted from VHS (after waiting quite awhile for a home the first time!) and then recently returned due to her owner’s change in lifestyle. Snuggie is a wonderful girl who gets along just fine with other animals. She’s seeking a retirement home where she can just be a family gal. Maybe play some bingo, read the newspaper with you in the morning, that kind of thing. Her adoption fee is $110 and includes her spay, microchip, vaccines, and more. Or, if you’re a senior citizen over 70 seeking a companion, her adoption fee is FREE! Contact Vanderburgh Humane at (812) 426-2563 for adoption details!

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EPD ACTIVITY REPORT

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EPD REPORT

VANDERBURGH COUNTY RECENT BOOKING RECORDS

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http://www.vanderburghsheriff.com/jail-recent-booking-records.aspx

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