Product Liability & Toxics Law News

Apex Oil Faces Private Superfund Claim Despite State Settlement

Jan. 16, 2020, 9:36 PM

Apex Oil Co. will face reinstated Superfund claims brought by Premcor Refining Grp. Inc. stemming from contamination at an Illinois oil refinery, after the Southern District of Illinois reversed its ruling that Apex’s settlement with the state shielded it from private party Superfund claims.

The Superfund settlement bar, which protects parties from contribution claims when they have settled their liability with the EPA or a state, doesn’t apply, the U.S. District Court for the Southern District of Illinois said Wednesday.

A carve-out in the settlement order between Apex and the Illinois EPA made clear that it didn’t resolve, settle, or...

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