Opinion
No. 03-14059.
June 13, 2005
James L. Nicoll, Environmental Enforcement Section, U.S. Department of Justice, NOAA GC-DOJ DARC, Seattle, WA, Attorney for United States.
BUCKNELL STEHLIK SATO STUBNER, LLP, Edwin K. Sato by facsimile transmission, Attorneys for reorganized debtor.
PRESTON GATES ELLIS LLP, Mark Charles Paben by James Nicoll per e-mail authorization, Kimberly W. Osenbaugh, WSBA, Mark Charles Paben, WSBA, Attorneys for Official Unsecured Creditors Committee.
ORDER DIRECTING DISBURSEMENTS FROM REGISTRY OF THE COURT
The United States has filed an Application for an Order Directing Disbursements From the Registry of the Court. Said Application requests that the disbursements be made from the funds on deposit with the Registry of the Court in connection with this matter. The materials submitted by counsel and all other pertinent parts of the record have been fully considered.
The Application filed by the United States describes the purpose of the disbursements as partial reimbursements to the Natural Resource Trustees for their damage assessment costs in 2002 and for implementation of Restoration Plan activities. The Application describes the procedures by which the Trustee Council approved the expenditures and includes documentation of the Council's actions.
Having reviewed the Application and attachments, and being fully informed in these proceedings, the Court finds that the requested disbursements are consistent with the terms of the Consent Decree and has been authorized by the Trustee Council. The Application is granted. The Clerk is hereby ordered to disburse from the funds on deposit in In Re: Olympic Pipe Line Company, No. 03-1459 (Bankr. W.D. Wash.) Whatcom Creek Restoration Account, made payable and addressed as follows:
Payee/Address Amount: $875,537.74 $142,220.00 $19,334.88 $20,216.38 $9,906.56 $7,380.00
City of Bellingham Attn: Clare Fogelsong (sum of $40,537.74+$835,000.00) Environmental Resources Manager City of Bellingham 210 Lottie Street Bellingham, WA 98225 Check Notation: OPC NRDA Trust Fund NOAA/Department of Commerce NOAA, ORR Damage Assessment Center Attn: Kathy Salter, DARRF Manager SSMC4, Room 10139 1305 East West Highway Silver Spring, MD 20910-3281 Check Notation: Whatcom Creek/Olympic Pipe Line Department of the Interior NBC/Division of Financial Management Services Branch of Accounting Operations Mail Stop D-2777 7401 W. Mansfield Ave. Lakewood, CO 80235 Check Notation: Whatcom Creek/Olympic Pipe Line State of Washington/Dept. of Ecology Washington Department of Ecology Attn: Cashiering Section P.O. Box 5128 Lacey, WA 98503-0210 Check Notation: Whatcom Creek/Olympic Pipe Line Lummi Indian Business Council Attn: LIBC Treasurer 2616 Kwina Road Bellingham, WA 98226 Check Notation: Whatcom Creek/Olympic Pipe Line Nooksack Indian Tribe of Washington P.O. Box 157 5016 Deming Rd. Deming, WA 98244-0157 Check Notation: Whatcom Creek natural resources damages With photocopy to: Tom Schlosser Morisset, Schlosser, Homer, Jozwiak McGaw 801 Second Avenue 1115 Norton Building Seattle, WA 98104 IT IS SO ORDERED.