[StBernard] Murphy Oil's Louisiana refinery found liable for Clean Air Act violations

Westley Annis Westley at da-parish.com
Thu Feb 4 21:44:34 EST 2010


Murphy Oil U.S.A., Inc.'s Louisiana refinery found liable for Clean Air Act violations
Concerned Citizens have standing to bring suit

Student attorney's at Tulane University's Environmental Law Clinic successfully demonstrated that Murphy Oil's Meraux refinery frequently violated its air permits by exceeding emission limitations and continued to violate them after plaintiffs filed suit.

Murphy Oil U.S.A. Inc.'s Louisiana refinery in St. Bernard Parish was found liable in Federal Court for unlawful violations of the Clean Air Act in a partial summary judgment issued earlier this week. Evidence presented in the Eastern District Court suggests Murphy Oil could violate emission standards in the future, as Murphy Oil has not shown changes to the conditions which led to the violations.

Concerned Citizens around Murphy (Concerned Citizens), a St Bernard Parish neighborhood association represented by Tulane University's student attorneys, were granted partial motion for summary judgment on standing to bring the citizen's enforcement action under the Federal Clean Air Act. The Court also granted Concerned Citizen's motion for summary judgment as to Murphy Oil’s liability with respect to violations at Murphy Oil U.S.A., Inc.'s Meraux refinery.

United States District Judge Sarah S. Vance's order, issued February 3, 2010, found plaintiffs demonstrated that Murphy Oil repeatedly violated the Clean Air Act and that, "unless some action is taken to prevent the illegal conduct, there is a real threat that such violations will continue to occur."

Concerned Citizens remain committed to take such action as residents look forward to a commitment from Murphy Oil U.S.A., Inc. to make the necessary improvements at its neighboring petrochemical refinery -- improvements which include protecting what little good air quality is left in the neighborhoods which surround the facility.

Resident's believe Murphy Oil's Louisiana refinery has been operating in violation of the Clean Air Act partly due to Murphy's own failure to invest in appropriate pollution controls and preventative maintenance. Those are the types of improvements the community expects to see in the future -- a commitment from Murphy Oil to the residents of St Bernard Parish that will result in an immediate and significant improvement for health, safety and quality of life.

Murphy Oil U.S.A. Inc. was found liable for 21 violations of the Clean Air Act. These violations occurred during preventable upsets and resulted in tons of toxic air releases into the Chalmette and Meraux neighborhoods of Southeast Louisiana.

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. The neighborhood association filed the law suit to protect residents in St Bernard Parish from the frequent and repeated violations at Murphy Oil's Meraux, LA refinery.

The Court granted Concerned Citizen's motion for summary judgment as to Murphy’s liability with respect to 21 violations at the Meraux refinery after granting Concerned Citizen's motion for summary judgment on standing to bring suit.

Both parties are working towards an amicable agreement to settle the remaining disputed violations.

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.

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>From Concerned Citizens around Murphy (CCAM)

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