[StBernard] Motion for Partial Summary Judgment Against the Murphy Oil

Westley Annis Westley at da-parish.com
Thu Oct 29 21:59:39 EDT 2009


Thursday October 29, 2009 3:50PM

>From Concerned Citizens around Murphy (CCAM)

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Motion for Partial Summary Judgment Against the Murphy Oil Meraux refinery was filed Thursday by Tulane Environmental Law Clinic on behalf of Concerned Citizens around Murphy (CCAM).

Documents filed Thursday, October 29, 2009, in Federal District Court claim defendant Murphy Oil, U.S.A. is liable for violating the Clean Air Act and the neighborhood association of Concerned Citizens has standing to bring suit. Plaintiff seek judgment on liability and standing issues based on undisputed facts.

According to court documents, Murphy Oil, U.S. A. admitted violating their air permits on at least twenty occasions. These violations occurred during preventable upsets and resulted in tons of toxic air releases into the Chalmette and Meraux neighborhoods.
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The citizens’ lawsuit, initially filed in November 2008, alleges the Murphy Oil Meraux refinery violated the Clean Air Act over 130 times since October 2003 by releasing tons of sulfur dioxide and other harmful pollutants including hydrogen sulfide and volatile organic compounds in amounts that exceed their permit limits. Plaintiff seeks summary judgment on Murphy Oil's twenty acknowledged violations in an attempt to force the industry into compliance.

The Federal Clean Air Act’s citizen suit provision grants citizens independent authority to enforce legal standards to protect their own health and welfare and to encourage government agencies to enforce the Act more vigorously.

Concerned Citizens around Murphy (CCAM) is a neighborhood association formed to address quality of life issues and to protect the organization’s members and other St. Bernard Parish residents from pollution coming from the surrounding petrochemical industry.

Louisiana has a total of 17 refineries; three have had citizen enforcement suits filed against them. Two of those three are in St. Bernard Parish, perhaps reflective of local zoning and compliance issues which have allowed hazardous industry adjacent to residential districts.

"With the holiday season approaching, most neighborhoods are planning festivities with associated decorations", said Suzanne Kneale, an active member of CCAM. "Yet, residents in the fenceline community around Murphy often forgo outdoor lighting and other activities due to poor air quality. The unauthorized releases at the Murphy Oil Meraux refinery adversely effect the health and quality of life of residents. We are seeking a court injunction to preserve what little good air is left in this community."

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For information on the neighborhood association, Concerned Citizens Around Murphy (CCAM), contact:

Suzanne Kneale
504-416-6848
SJRKneale at aol.com <mailto:SJRKneale at aol.com>

For additional information on this legal action contact:

Tulane Environmental Law Clinic
Matthew Altaras, Student Attorney
Matthew Miller, Student Attorney
Adam Babich, Director 862-5789
Mike Murphy, Community Outreach Director 865-5787

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