Kansas High Court Sides with BP in Town Clean-up Dispute
The Kansas Supreme Court on Friday sided with oil giant BP against a citizen lawsuit that hoped to hold the company accountable for toxic pollution left behind from a refinery operation that closed more than three decades ago.
In one of the longest trials in state history, residents of Neodesha, Kansas had sued BP for "groundwater pollution under 350 acres of land - including almost 70 percent of the town and land underneath City Hall, hundreds of homes and the community's schools. The lawsuit contended the operation of the oil refinery and associated labs and storage facilities generated a variety of poisonous wastes and metals."
The jury in that original trial sided with BP, but the judge subsequently overturned that verdict. As the Associated Press explains: "In 2008, Allen County District Judge Daniel Creitz said that strict liability for the contamination was not a question of fact for the jury to decide but a question of law - and that Neodesha, located in rural southeastern Kansas, was entitled to judgment in its favor."
The Supreme Court's decision said Creitz was wrong to overturn the jury verdict, and thus reinstated its determination.
Rochelle Chronister, a Neodesha resident and former state legislator who attended most of the trial, wrote in an email to the Kansas City Star, "Looks like we lost big time!"
BP, however, was thrilled with the court's decision, saying "the proper verdict" had been reached.
###
An Urgent Message From Our Co-Founder
Dear Common Dreams reader, The U.S. is on a fast track to authoritarianism like nothing I've ever seen. Meanwhile, corporate news outlets are utterly capitulating to Trump, twisting their coverage to avoid drawing his ire while lining up to stuff cash in his pockets. That's why I believe that Common Dreams is doing the best and most consequential reporting that we've ever done. Our small but mighty team is a progressive reporting powerhouse, covering the news every day that the corporate media never will. Our mission has always been simple: To inform. To inspire. And to ignite change for the common good. Now here's the key piece that I want all our readers to understand: None of this would be possible without your financial support. That's not just some fundraising cliche. It's the absolute and literal truth. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. The final deadline for our crucial Summer Campaign fundraising drive is just days away, and we’re falling short of our must-hit goal. Will you donate now to help power the nonprofit, independent reporting of Common Dreams? Thank you for being a vital member of our community. Together, we can keep independent journalism alive when it’s needed most. - Craig Brown, Co-founder |
The Kansas Supreme Court on Friday sided with oil giant BP against a citizen lawsuit that hoped to hold the company accountable for toxic pollution left behind from a refinery operation that closed more than three decades ago.
In one of the longest trials in state history, residents of Neodesha, Kansas had sued BP for "groundwater pollution under 350 acres of land - including almost 70 percent of the town and land underneath City Hall, hundreds of homes and the community's schools. The lawsuit contended the operation of the oil refinery and associated labs and storage facilities generated a variety of poisonous wastes and metals."
The jury in that original trial sided with BP, but the judge subsequently overturned that verdict. As the Associated Press explains: "In 2008, Allen County District Judge Daniel Creitz said that strict liability for the contamination was not a question of fact for the jury to decide but a question of law - and that Neodesha, located in rural southeastern Kansas, was entitled to judgment in its favor."
The Supreme Court's decision said Creitz was wrong to overturn the jury verdict, and thus reinstated its determination.
Rochelle Chronister, a Neodesha resident and former state legislator who attended most of the trial, wrote in an email to the Kansas City Star, "Looks like we lost big time!"
BP, however, was thrilled with the court's decision, saying "the proper verdict" had been reached.
###
The Kansas Supreme Court on Friday sided with oil giant BP against a citizen lawsuit that hoped to hold the company accountable for toxic pollution left behind from a refinery operation that closed more than three decades ago.
In one of the longest trials in state history, residents of Neodesha, Kansas had sued BP for "groundwater pollution under 350 acres of land - including almost 70 percent of the town and land underneath City Hall, hundreds of homes and the community's schools. The lawsuit contended the operation of the oil refinery and associated labs and storage facilities generated a variety of poisonous wastes and metals."
The jury in that original trial sided with BP, but the judge subsequently overturned that verdict. As the Associated Press explains: "In 2008, Allen County District Judge Daniel Creitz said that strict liability for the contamination was not a question of fact for the jury to decide but a question of law - and that Neodesha, located in rural southeastern Kansas, was entitled to judgment in its favor."
The Supreme Court's decision said Creitz was wrong to overturn the jury verdict, and thus reinstated its determination.
Rochelle Chronister, a Neodesha resident and former state legislator who attended most of the trial, wrote in an email to the Kansas City Star, "Looks like we lost big time!"
BP, however, was thrilled with the court's decision, saying "the proper verdict" had been reached.
###