Davis & Whitlock, in conjunction with the Mickel & Chapman law firm out of Conway, Arkansas, has obtained an settlement which will conclude litigation filed against the ExxonMobil Pipeline Company on behalf of residents of Mayflower, Arkansas arising out of the March 29, 2013, rupture of ExxonMobil’s Pegasus Pipeline, which captured national attention. On Good Friday, 2013, the Pegasus Pipeline ruptured in a residential subdivision in Mayflower, causing 5,000 barrels of heavy Canadian Tar Sands crude oil to flow into residents’ yards, under their homes, through the town of Mayflower, and into Lake Conway. The rupture led to the evacuation and permanent displacement of many residents, the presence of toxic petroleum fumes in and around Mayflower for many weeks, and a year long clean-up which transformed much of Mayflower into an industrial work zone. Davis & Whitlock is pleased to announce that the matter was concluded on terms that were satisfactory to the Plaintiffs.
Davis & Whitlock achieved an important settlement in a federal Clean Air Act citizen suit filed on behalf of landowners who reside in close vicinity to Scepter Greeneville Inc.’s secondary aluminum production facility in Midway, Tennessee. The settlement, which was accomplished through a Consent Decree approved by the Department of Justice and the United States District Court for the Eastern District of Tennessee, required that Scepter completely replace the hoods which capture the emissions from the furnaces used in the secondary aluminum production process at the Scepter facility. This will ensure that all emissions from the facility’s operations are properly routed to air pollution control devices prior to being released into the atmosphere. This settlement will result in improved air quality in East Tennessee, and will allow Plaintiffs and others in the vicinity of the Scepter facility to use and enjoy their properties without having to worry about the health concerns associated with the smoke, emissions, and noxious vapors previously emitted by the Scepter facility.
Davis & Whitlock and Gulf Oil Spill Litigators achieved a $2.7 million dollar settlement for the City of Key West and a $2 million dollar settlement for Keys Energy Services, the electric utility for the Lower Keys, on July 15, 2015. The settlements were part of an $18.7 billion global settlement between BP and federal, state, and local governments, which included civil penalties under the Clean Water Act, natural resource damages, and loss of revenues for state and local governments. The settlements were approved by the City of Key West and Keys Energy on July 14 and July 8, respectively.
Davis & Whitlock, together with three Vermont law firms, Langrock Sperry & Wool, LLP, Witten, Woolmington, Campbell & Bernal, P.C., and Barr Sternberg Moss Silver & Munson, P.C., are representing North Bennington, Vermont residents who have been impacted by the discovery of widespread perflourooctanoic acid, or PFOA, contamination on their properties around a former manufacturing plant in North Bennington last operated by Saint-Gobain Performance Plastics. The State of Vermont has linked the PFOA contamination to a former manufacturing plant, which was operated by ChemFab Corporation from approximately 1970 to 2000, when Saint-Gobain purchased ChemFab and took over manufacturing operations at the plant. To date, over 125 private drinking water wells of local residents have been sampled and found to contain levels of PFOA well in excess of Vermont’s health advisory level of 20 parts per trillion. For over 30 years, the plant was engaged in the manufacture of Teflon coated fiberglass fabrics, and PFOA was a key chemical used in this process. PFOA is toxic to humans, and a probable link between exposure to PFOA and a number of diseases has been established. For more more information, please call us at (828) 622-0044.