HISTORY/BACKGROUND
On January 17, 2015, the Poplar Pipeline, which is owned and operated by Bridger Pipeline, LLC, of Casper, Wyoming, discharged at least 30,000 gallons of Bakken crude oil into the Yellowstone River just upstream of Glendive, Montana. At the time of the discharge, the Yellowstone River and its shoreline were experiencing winter conditions and were covered partially in ice and snow. The resulting crude oil spill entered the Yellowstone River and adversely affect and threaten natural resources within the jurisdictions of the United States and the State of Montana.
Oil sheen was reported at least as far downstream as Crane, Montana (59 river miles downstream from the pipeline crossing). (POLREP #12, USEPA, 2015). The cleanup was overseen by the Environmental Protection Agency and Montana Department of Environmental Quality. The oil remained in the river from January 17, 2015, through at least the time that the ice started to break up in mid-March 2015. A second phase of the release occurred in mid-March during ice-out (i.e., the time that the ice began to break up during spring thaw). Oil was found on the shoreline through early April 2015. The oil caused exceedances of surface water quality standards contained in Montana’s “Circular DEQ-7 Montana Numeric Water Quality Standards” in the Yellowstone River.
The trustees for natural resources impacted by the spill are the Governor of the State of Montana (represented by the Montana Natural Resource Damage Program) and the U.S. Department of the Interior (DOI; represented by the U.S. Fish and Wildlife Service). On January 13, 2022, the trustees and Bridger entered into a Consent Decree that provided a total of $2,000,000 for restoration of the injured resources.
Numerous environmental samples were collected by Bridger (and their contractors), state agencies, federal agencies, and the trustees during the response to the spill. Based on the results of these sampling efforts and other available information, the trustees pursued the recovery of natural resource damages for the oil spill.
Summary of the Injury
The trustees identified three main categories of natural resources and a related natural resource service that were injured by the 2015 oil spill:
- Surface water
- Fish
- Lost recreational use
- Birds
Surface Water
Oil constituents were detected in surface water samples as far as 30 miles downstream of the release at concentrations exceeding screening levels. Surface water concentrations exceeding water quality standards as far as 8.5 miles downstream of the spill location. Benzene concentrations exceeded the maximum contaminant level and Circular DEQ-7 human health standard at the Glendive Water Treatment Plant following the spill. In response to the contamination, a “do not consume” advisory was issued on January 15, 2015 and 6,000 residents were supplied with bottled water. The advisory was in place until January 22, 2015.
Contamination was detected on multiple occasions in the two months after the oil spill, including in March when the oil trapped within the ice was released as the ice melted.
Fish
Many fish were known to be present in the impacted reach of the Yellowstone River during the oil spill, including sturgeon, suckers, catfish, sauger, and walleye. Oil constituents were detected in water samples from the spill site and downstream at concentrations predicted to cause adverse impacts to fish. The trustees conducted a fish sampling event in April 2015 and collected fish showing impacts from exposure to oil constituents including lesions and gill impacts.
Lost Recreational Use
In response to the spill, Montana Fish, Wildlife, and Parks (FWP) issued a fish consumption advisory on January 21, 2015. Fish samples collected on January 22, 2015, revealed elevated concentrations of polycyclic aromatic hydrocarbons (PAHs), benzene, toluene, ethylbenzene, and xylene in fish tissue. The advisory was in place until April 13, 2015.
Birds
Though extreme weather conditions hindered the site investigations for birds impacted by the oil spill, migratory birds were observed using the Lower Yellowstone River in a survey conducted 10 days prior to the spill. Approximately 4,200 Canada geese and 150 mallards were identified in the section between the spill site and Sidney, Montana. After the spill, birds were observed using open water areas within the oil-impacted reach of the Yellowstone River.
Birds are highly susceptible to negative impacts from oil spills. Oil exposure can cause feathers to lose their waterproofing abilities, resulting in impairment to floating and/or swimming, as well as thermal insulation. Birds in oiled environments consume contaminated food, water, and sediment, ingest oil during preening, and inhale volatile organic carbons (VOCs). Immunological, reproductive, and growth effects are associated with oil toxicity in avian species.
Restoration Plan
The trustees finalized the Programmatic Damage Assessment and Restoration Plan and Environmental Assessment for the Bridger Pipeline 2015 Yellowstone River Oil Spill (Restoration Plan) in September 2023. The Restoration Plan allocates the following amounts to each restoration category:
- $890,000 for fish habitat restoration;
- $115,000 for bird habitat restoration; and
- $475,000 for restoring or replacing recreational services through development or improvement of a river access site.
The trustees reserved $220,000 for plan development and administrative costs associated with project implementation. The trustees will reevaluate these allocations in five years and may reallocate any unspent funds to fish and/or bird habitat at that time.