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.”
Refinery files motion to toss out class action lawsuit
Residents of Detroit’s Boynton subdivision in the 48217 zip code are anxiously awaiting a ruling from U.S. District Court Judge Sean Cox who will decide in two weeks if they can proceed with their class action lawsuit against Marathon Petroleum Corporation. The suit was filed on behalf of beleaguered residents who live downwind of the refinery and seeks relief from the impact of refinery emissions and other quality of life issues. They are represented by a team of environmental attorneys from Washington, New York, Troy and Detroit.
The suit claims that petroleum production is adversely affecting the homeowners’ use and enjoyment of their property. Attorney Chris Nidel, of Nidel Law, says the refinery’s toxic emissions wake residents in the middle of the night. Residents also have coped with plant explosions and odors that emanate from the millions of gallons of wastewater that pass through their subdivision’s sewer. Refinery emissions consists of sulfur dioxide, benzene and other chemicals. Attorneys are seeking damages expected to run into the tens of millions of dollars.
“Listening to the Marathon attorney minimize and challenge the impact of the refinery on our community made me sad and angry,” says Michigan United environmental justice organizer Emma Lockridge, who is also a resident in the community. “It’s unethical for Marathon to deny and ignore the impact of their refinery that blanket our community with toxins. Sometimes it smells so bad, I have to sleep in a surgical mask.”
The lawsuit was filed in February of this year. The Court is currently considering how or whether to apply the statute of limitations.