MTBE Pollution Ruling Is Reversed by Circuit
The Second Circuit reversed a ruling that found a pollution settlement with several oil companies and a district attorney in California precluded legal action by the local water board.
June 13, 2017 at 04:03 PM
8 minute read
The U.S. Court of Appeals for the Second Circuit reversed a ruling that found a pollution settlement with several oil companies and a district attorney in California precluded legal action by the local water board.
Judges Barrington Parker, Reena Raggi, and Peter Hall said former Southern District Judge Shira Scheindlin incorrectly granted summary judgment on res judicata grounds that the two municipal offices were in privity.
The multi-district litigation was born out of an early 2000s lawsuit by the Orange County, California district attorney's office against BP and Shell oil companies, along with other defendants not part of the circuit case.
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