Source: Milwaukee Journal Sentinel, March 11, 2015
Posted on: http://envfpn.advisen.com
The lawsuit of 241 Washington County residents against the owner and operator of a fuel pipeline that spilled gasoline onto a Town of Jackson farm field in July 2012 has been settled.
Washington County Circuit Judge Todd Martens on Wednesday approved the agreement and dismissed all complaints against West Shore Pipe Line Co. of Arlington Heights, Ill., owner of the line, and operator Buckeye Partners LP, of Breinigsville, Pa., and Houston.
The agreement avoids the need for a 30-day or longer trial that Martens had scheduled to begin in August. Terms of the settlement were not made public.
The companies paid an undisclosed amount to the plaintiffs on Jan. 14 as part of a settlement that included dismissing all claims within three business days of the payment, according to court records. Final approval of the agreement was delayed due to the reluctance of some of the families to accept their share of the payment.
As of Feb. 19, court records show, 14 of the plaintiffs had not given their approval.
All of the 241 residents were represented by Habush, Habush & Rottier S.C. in Milwaukee and Madison and the Law Offices of Peter G. Angelos in Baltimore.
Daniel Rottier told Martens in a telephone conference call Wednesday that all plaintiffs had signed releases accepting their share of the payment.
In the lawsuit filed in December 2012, the families were seeking compensation for the following: costs of a new safe water supply; reduced property values; lost profits and interference with family-run businesses; loss of use and enjoyment of properties; reduced quality of life; and emotional distress.
The lawsuit also asked the court to order the companies to pay for restoring their properties and groundwater and to award punitive damages against the companies for failing to prevent the spill and to act as a deterrent against similar conduct in the future.
“We’re pleased we were able to resolve the case amicably,” Rottier said after the Wednesday conference call. “It was quite an ordeal for members of the community.”
West Shore owns a 650-mile fuel distribution system within Illinois, Wisconsin and Indiana. Fuel pipelines extend from East Chicago, Ind., around Chicago to Milwaukee and Green Bay. A separate fuel line runs from the Chicago area to Janesville and Madison.
A section of 10-inch pipe in the company’s Milwaukee to Green Bay line ruptured along a welded seam July 17, 2012, and spilled an estimated 54,600 gallons of gasoline in a farm pasture in the 1800 block of Western Ave.
The pipeline was built in 1961.
Gasoline from the spill contaminated groundwater in roughly a 1-square-mile area of the town. Tests of drinking water detected benzene and other gasoline contaminants in 44 private wells at least once since the spill.
State environmental officials ordered 37 property owners to permanently abandon their contaminated wells.
The state Department of Natural Resources required West Shore and Buckeye to offer a new water supply to 153 town properties. Around 139 property owners accepted a water service provided by the Village of Jackson.
West Shore paid $5.3 million to build eight miles of water main to extend municipal water to the rural area.
West Shore repaired the pipeline at the spill site and at least 33 other sections of degraded metal along the line in Washington County after the spill.
The company is continuing to remove benzene and other contaminants from groundwater at a treatment plant near the original spill location.