U.S. District Court Arkansas Eastern District

Mon, 2013-07-01 10:36Steve Horn
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Two Major Lawsuits Filed Against ExxonMobil for Arkansas Tar Sands Spill

Two major lawsuits were recently filed in the U.S. District Court for the Eastern District of Arkansas against ExxonMobil, the “private empire” behind the March 2013 Pegasus tar sands pipeline spill of over 1.1 million gallons of diluted bitumen (“dilbit”) into the neighborhoods and waterways of Mayflower, AR, located in Faulkner County

One is a class-action lawsuit filed by the Duncan Firm, Thrash Law Firm and Parker Waichman LLP on June 27. The other is a suit filed on June 13 by the U.S. Environmental Protection Agency (EPA) in concert with the Arkansas Attorney General's Office, led by AG Dustin McDaniel.

Collectively, both lawsuits lay out the damning facts of the second biggest tar sands pipeline spill in U.S. history, caused by a 22-foot gash in the pipeline, second only to Enbridge's “dilbit disaster” in Kalamazoo, Michigan. The cases also call for the spill's victims - both people, government bodies and the ecosystem - to receive reparations. 

Among other things, both suits clarify that ExxonMobil Pipeline Company dilbit has contaminated Lake Conway, the largest man-made game and fish commission lake*** in the United States, which serves as a tributary of the Arkansas River.

The class-action tort lawsuit slaps ExxonMobil with willful negligence under Arkansas state law, alleging Exxon knew Pegasus - built in the 1940's far before the age of “extreme energy” and designed to carry light crude - would spill at some point. The suit also reveals for the first time that the spill was just the biggest of 13 other spills preceding it, meaning it was not just a spill out of the blue.  

The joint EPA/Arkansas AG civil lawsuit cites Exxon for violating the Clean Water Act, Arkansas' Hazardous Waste Management Act and Arkansas' Water and Air Pollution Control Act.

Taken together, both suits keep the heat on ExxonMobil and on Alberta tar sands production at-large as the battle over the proposed northern half of TransCanada's Keystone XL tar sands pipeline heats up. U.S. President Barack Obama's State Department is expected to make a decision on that pipeline's fate in the next few months. 

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