8th Circuit upholds dismissal of ExxonMobil pipeline case | Arkansas Blog

Thursday, May 11, 2017

8th Circuit upholds dismissal of ExxonMobil pipeline case

Posted By on Thu, May 11, 2017 at 1:28 PM

THE MAYFLOWER SPILL: another court decision. - BRIAN CHILSON
  • Brian Chilson
  • THE MAYFLOWER SPILL: another court decision.

The U.S. 8th Circuit Court of Appeals today upheld
a lower court decision to dismiss a lawsuit by all property owners along the easement for the Pegasus pipeline, now owned by ExxonMobil, which runs from Texas to Illinois and ruptured in 2013 in Mayflower, Ark.

After initially approving a class action, federal Judge Brian Miller reversed his decison and granted summary judgment to the oil company.

Property owners were demanding repair, replacement or removal. They asserted a breach of contract on easement purchases because events had proved the line was unsafe. Miller decided the characteristics varied widely and so each claim had to be examined individually. Landowners said ExxonMobil had so neglected maintenance that it should be treated as a single unit. Among other things, Exxon increased the flow and began shipping heavy crude from Canadian tar sands through the line for the break. A good summary here of legal arguments.

In rejecting class action status, Miller left only four Arkansas plaintiffs, Rudy and Betty Webb and Arnez and Charletha Harper. He dismissed their claim because he said the easement contract, under Arkansas law, didn't include a duty for the oil company on maintenance of the line. Plus, the plaintiffs  conceded that the oil company had not caused any damage to their specific property.

The court also rejected a claim that new evidence argued for reopening of the case.

ExxonMobil has settled one lawsuit over specific spill damage for $5 million. Other legal actions pend.


Tags: , , , ,

From the ArkTimes store

Favorite

Comments

Subscribe to this thread:

Add a comment

More by Max Brantley

Readers also liked…

  • Judge anticipates punishment of lawyers in Fort Smith class action case

    Federal Judge P.K. Holmes of Fort Smith issued a 32-page ruling yesterday indicating he contemplates punishment of 16 lawyers who moved a class action lawsuit against an insurance company out of his court to a state court in Polk County after a settlement had been worked out.
    • Apr 15, 2016
  • Arkansas: Land of .......

    Welcome to Arkansas: Land of cowardly politicians, discriminatory laws, inhumane turkey drops and lots and lots of Trump voters.
    • Oct 8, 2016
  • LR speakers blast state board for double standard

    A series of speakers, beginning with Sen. Joyce Elliott, denounced what they saw as a hidden agenda favoring charter schools at the state Department of Education and asked the state Board of Education for return of local control.
    • May 12, 2016

Most Shared

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation