Toxic Torts

Hydrocarbon Exposure Reconsidered

By Charles Sartain, Maryann Zaki | Gray Reed & McGraw, P.C.

East New Mexico and West Texas oil industry try to rebound with the price of oil hitting near $30 a barrel

You might recall previous entries (here is one) discussing the $2.9 million Dallas County verdict and judgment in Parr v. Aruba. Not all similar suits have the same result.

Michael and Myra Cerny sued Marathon Oil Corp. and Plains Exploration & Production Company, alleging, as in Parr, private nuisance, negligence, and negligence per se. As in Parr, among the allegations were:

continuous release of “ … strong odors and noxious chemicals into the environment, including the plaintiffs’ property, causing injury and harm to the plaintiffs’ property and to their persons;” and
health problems, including headaches, rashes, chest pain, “strange nerve sensations,” high blood pressure, nausea, difficulty breathing, and nosebleeds.

 /  Published October 28, 2014 at 4:00 PM

Environmental Groups Ramp-up the Crude-by-Rail Fight in the Courtroom

By Alexander Obrecht | BakerHostetler

Oil Boom Shifts The Landscape Of Rural North Dakota

Bakken crude producers and midstream transportation companies already experience transportation woes related to inadequate pipeline infrastructure, railroad capacity, tank car supply, rail accidents, and new regulations. But they also increasingly face a new problem: lawsuits. In September alone, the Sierra Club, one of the largest environmental organizations in the United States, filed two lawsuits challenging different aspects of crude-by-rail transportation. First, on the national level, the Sierra Club seeks to stop the transportation of crude oil in allegedly outdated and unsafe tank cars. And second, at the state level, the Sierra Club accuses a local agency of illegally permitting a rail-to-truck facility.

 /  Published October 8, 2014 at 4:00 PM