The lawsuit filed in U.S. District Court by the Boston-based Conservation Law Foundation (CLF) is said to be the first of its kind in the U.S.
CLF alleges in its lawsuit that ExxonMobil has discharged toxic pollutants into the Mystic River at its Everett, Mass. fuel storage facility, in violation of the Clean Water Act and other federal laws, and failing to comply with requirements under its permit from the National Pollutant Discharge Elimination System.
ExxonMobil is also accused of ignoring the “imminent” threat posed by ” sea level rise, increased precipitation, increased magnitude and frequency of storm events, and increased magnitude and frequency of storm surges due to its location, elevation and lack of preventative infrastructure.”
CLF announced its intention to sue the company in May 2016, but ExxonMobil failed to take steps to address the alleged violations. The SEC and attorneys general in several states including Massachusetts are investigating whether ExxonMobil deceived its shareholders and the public about the effects of climate change, reports EcoWatch.
In a statement, ExxonMobil responded to the lawsuit saying: “This lawsuit is yet another attempt to use the courts to promote a political agenda,” adding the suit was based on “discredited and inaccurate claims by activists about ExxonMobil’s nearly 40-year history of support for climate research that was conducted publicly in conjunction with the Department of Energy, academics and the UN Intergovernmental Panel on climate change.”
A company spokesperson said that in May, the company was in compliance with all state and federal regulations at its Everett terminal. And yes, ExxonMobil plans to fight the lawsuit in court.
CLF’s legal team will include Allen Kanner, a New Orleans-based attorney who has represented states and other plaintiffs in lawsuits against petroleum companies, including suits stemming from the 2010 Deepwater Horizon oil spill.
