Residents will soon have day in court to address nuisance concerns
A US district court has rejected a motion to dismiss a lawsuit brought against Marathon Petroleum Corporation, clearing the way for a “Private Nuisance, Strict Liability and Negligence” lawsuit to proceed on behalf of residents of Southwest Detroit. Judge Sean Cox agreed with an earlier circuit court ruling that found there was “sufficient factual allegations to survive a motion to dismiss.”
The suit essentially charges Marathon with nuisance claims including, but not limited to, odor issues and a negative impact on residents’ quality of life. The company bought out the homes of many residents in a predominantly white neighborhood, starting in 2011, when it expanded its refinery but but did not make the same offer to a black community that also borders its facility.
Impacted residents have been organized by Michigan United in their fight against the oil giant and are relieved by the news. “Having our lawsuit move forward is very uplifting.” said John Atkins, a lifetime resident in the heavily polluted 48217 zip code. “At least the court is willing to hear our story.”
With the motion to dismiss hurdle now successfully cleared, the next step is a conference with both parties scheduled for February 13, 2018 at 2:30 p.m.
“I’m glad about it,” said Lura Taylor, who lives on the street closest to Marathon. “We are going to push forward and go all the way. We have God on our side.”
Vigil held in hope that God touch the heart of CEO to treat residents fairly
Under blustery, grey skies Thursday evening, the faithful gathered outside the Marathon Petroleum Corporation refinery in Southwest Detroit to pray for a release for those who live in the polluted conditions around the plant. As the chimney stacks of the coker belched smoke and flames that filled the night sky, area clergy delivered a message similar to Moses’: Let my people go.
“Opening my windows when it is warm outside is not an option for me,“ said lifetime resident John Atkins. “The refinery air smells horrible. Marathon should buy my home so I can enjoy the rest of my years.“
In 2012, the refinery underwent a $2.2 billion expansion. Marathon purchased the homes in the predominantly white neighborhood of Oakwood Heights. But despite the cries of the people, the corporation has refused to treat their black neighbors as fairly as they did their white neighbors.
Emma Lockridge, the Michigan United environmental justice organizer that spearheaded the vigil, almost didn’t go, having struggled all week with breathing issues. Lockridge went to the doctor with respiratory distress after filming a flaring incident at the refinery.
During the prayers, residents held white crosses that said ‘Exodus’ on the front with the names of friends and family impacted by the air pollution on the back. “We pray Marathon CEO Gary R. Heminger will act in a just manner and purchase our homes,“ Lockridge said. “It would be the righteous thing to do.“