Dear Mr. Glass:
RE: Yellowstone River Oil spill, Initial Inspection ofthe ruptured pipeline and preservation of evidence.
On behalf of the State of Montana and its citizens, this letter serves as a demand to you, your company and all persons within your control, including contractors, to abide by the following:
Any work on the ruptured pipeline must be performed with representatives of the State of Montana and the EPA present to observe the work. This includes any and all work that places your employees, contractors or anyone in your control, from the initial digging to view the ruptured pipeline through cameras or any inspections of it by whatever method, through and including any repairs, removal or replacement of the ruptured pipeline.
Secondly, this letter serves as a demand that you preserve any and all documents relevant to the ruptured pipeline and the destruction caused by the oil spill in the event of litigation. I am sure you are aware from past experience or your many attorneys' advice, that as a potential party to foreseeable litigation that you have a duty to preserve evidence in your custody or scope of control. Failure to do so would constitute spoliation of evidence and monetary and evidentiary sanctions. This demand includes, but is not limited to the following:
Preserve any and all pieces of the ruptured pipeline as evidence in a secured manner.
Preserve any and all documents concerning the ruptured pipeline, including those related to building, repairing, and testing of the pipeline from the creation of the documents until resolution of all claims and cases. This includes photographs, video, and all recordings on the supervisor control and data acquisition system, digital communication about the ruptured pipeline such as. email, voice mail, instant messaging, and backup and archival files.
Please confirm to me in writing by July 13th that you will abide by the demand to perform all inspections and pipeline repairlreplacement work with both State and EPA representatives present and by the litigation hold preserving evidence related to the ruptured pipeline and the oil spill damage.