DOJ files proposed consent decree after 2022 Keystone spill in Kansas

The Department of Justice (DOJ) lodged a proposed Clean Water Act consent decree on July 10, 2026, in federal court in Kansas to resolve alleged violations tied to a Dec. 7, 2022 rupture of the Keystone Pipeline in Washington County.

The proposal is not final. After a Federal Register notice opens a public comment period, the next step is court review—meaning the terms become enforceable only if the judge approves the decree as submitted (or as modified).

A proposed settlement filed in Kansas federal court

The case caption is United States of America and the State of Kansas, ex rel. Kansas Department of Health and Environment v. South Bow (USA) LP and South Bow Infrastructure Operations Inc.

DOJ’s filing says the Dec. 7, 2022 rupture discharged approximately 12,937 barrels (about 543,354 gallons) of heavy crude oil (diluted bitumen) into Mill Creek and onto adjoining shorelines, creating what the government describes as an “imminent and substantial threat to human health and the environment.” Cleanup and remediation work was completed previously.

What the proposed consent decree would require

According to the lodged consent decree and EPA’s summary, the settlement would combine two main elements: (1) a civil penalty and (2) injunctive relief—pipeline-integrity and prevention-focused requirements intended to reduce the risk of future discharges.

Civil penalty and state environmental project

Civil penalty to the federal government: $26,867,789.
State Supplemental Environmental Project (SEP): $3,080,000 to KDHE-approved natural resource restoration projects under a state SEP process.

Injunctive relief aimed at monitoring, inspection, and risk reduction

The decree lays out specific obligations, including:

Digital inspection platform upgrades within six months of the effective date, including automatic flagging of deficiencies, real-time exception reporting, and geotagged photographs (as applicable and feasible).
Pipe movement detection procedures within six months of the effective date—requiring that observed pipe movement be recorded (including estimated amount and direction) and reported as part of the excavation record.
Pipeline inspection schedules: acoustic leak detection in-line inspections at least annually; inertial measurement unit and bending strain assessments at least every two years; and ultrasonic circumferential crack tool re-inspections at least every five years.
Annual integrity threat assessment refresh using the Baseline Assessment and Reassessment Plan.
Operational cycling limits, including maintaining cycling below an “aggressive range” on a rolling 12-month sum.
Phase 3 assessments within six months of the effective date, including both an Integrity Threat Assessment and an Operational Reliability Assessment.
Ongoing reporting twice annually via semi-annual reports due July 31 and January 31 (covering the prior six-month periods), describing implementation and any incidents of noncompliance.

Federal Register notice and the real deadline for public comment

The Federal Register notice published on July 15, 2026 opens the formal comment period. DOJ’s consent-decree case page lists the comment window as 07/15/2026 through 08/14/2026.

The notice says comments must be submitted no later than 30 days after the publication date, and it provides two submission options: by email to pubcomment-ees.enrd@usdoj.gov or by mail to the ENRD address listed in the notice.

What happens next

This consent decree is proposed, not final. After the comment window closes, the key next step is court review—whether the judge approves the decree as proposed or requires changes. If approved, the penalty and the prevention/inspection obligations in the decree would become enforceable under the settlement’s terms.

If you live or work in Kansas in areas connected to watersheds potentially affected by the spill, the practical “watch item” is what the court considers after public comments—because the injunctive terms are designed to translate the alleged Clean Water Act violations into ongoing compliance duties.

Sources

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