The U.S. Environmental Protection Agency (EPA) and the Department of Justice announced a $241.5 million settlement with Marathon Oil Company to address Clean Air Act violations at its oil and gas production operations on the Fort Berthold Indian Reservation in North Dakota. This settlement includes a civil penalty of $64.5 million, the largest ever for such violations at stationary sources like oil and gas tank systems.
Marathon is required to implement extensive compliance measures across over 200 facilities in North Dakota, aiming to significantly reduce harmful emissions. The case marks the first action against an oil and gas producer for major source emissions permitting requirements under the Clean Air Act’s Prevention of Significant Deterioration (PSD) program.
The complaint alleges that nearly 90 Marathon facilities emitted thousands of tons of illegal pollution, including volatile organic compounds (VOCs) and carbon monoxide, which contribute to respiratory illnesses such as asthma. Additionally, large quantities of greenhouse gases, including methane—a potent climate super-pollutant—were released.
Assistant Administrator David M. Uhlmann from EPA’s Office of Enforcement and Compliance Assurance stated, “Today’s record Clean Air Act settlement is the most significant to date under EPA’s climate enforcement initiative and makes clear that EPA will hold corporate polluters like Marathon accountable for violations that put communities and our futures at risk.”
Attorney General Merrick B. Garland emphasized the importance of this historic settlement: “This historic settlement – the largest ever civil penalty for violations of the Clean Air Act at stationary sources – will ensure cleaner air for the Fort Berthold Indian Reservation and other communities in North Dakota while holding Marathon accountable for its illegal pollution.”
KC Becker, EPA Region 8 Administrator, highlighted the benefits for Tribal communities: “This settlement is a major win for the health and future of our Tribal communities... These investments will improve air quality and reduce respiratory illnesses across the Fort Berthold Indian Reservation and western North Dakota.”
Acting Associate Attorney General Benjamin C. Mizer added that those historically overburdened by pollution are most at risk from these emissions: “The record civil penalty and extensive compliance measures... set a benchmark for the Department’s enforcement efforts at oil and gas production facilities.”
Assistant Attorney General Todd Kim underscored commitment to environmental laws: “We are committed to taking strong action to ensure that oil and gas production operations across the nation comply with environmental laws designed to protect human health and the environment.”
Marathon must invest approximately $177 million in compliance measures by year-end 2024. These include obtaining permits with federally enforceable emissions limits at existing facilities on state land as well as new ones built in North Dakota.
Additional requirements involve flare monitoring, periodic infrared camera inspections, storage tank design adherence, auditor checks on permit applications, ongoing audits of facility emissions, temporary halts in production if emission limits are exceeded or flares malfunctioning.
Three additional projects aim to further reduce emissions; two infrared cameras will be purchased for use by Mandan, Hidatsa, Arikara Nation during facility inspections.
A significant part involves reducing flaring inefficiencies which release excess harmful gases into surrounding communities’ atmosphere affecting their health.
The consent decree was filed with United States District Court District North Dakota Western Division subject 30-day comment period available Justice Department Proposed Consent Decree web page more information available Agency's Marathon Oil Company 2024 Clean Air Act Stationary Source Settlement web page.
