Arranger Liability Rejected for Oil Companies That Sold Gas to Stations With Leaking Tanks

摘要

Supplying gasoline to service stations with leaking storage tanks doesn't expose oil companies to liability as arrangers under California brownfields law, a federal district court ruled (City of Merced Redevelopment Agency v. Exxon Mobil Corp., E.D. Cal., No. 08-CV-714, 2/4/15). Chevron USA Inc., Exxon Mobil Corp. and Shell Oil Co. supplied a useful product-gasoline with methyl tertiary butyl ether (MTBE)-for sale and not for the purpose of disposing of a hazardous substance, the U.S. District Court of the Eastern District of California said Feb. 4 in granting summary judgment for the companies. The plaintiff also failed to establish intent, the court said, rejecting the assertion that the companies may be liable as arrangers under the state brownfields law based on their "purposeful inaction" in failing to warn the station owners of the dangers of storing MTBE.