Groundwater & Soil Contamination, Chevron and Benzene is a case about potential groundwater and soil contamination that may have been caused by petroleum hydrocarbons from gasoline and diesel fuel, and fractional petroleum compounds such as benzene, ehtylbenzene and xylenes.
Groundwater & Soil Contamination, Chevron and Benzene: A case in the US District Court, N.D. California, ruled on a motion to dismiss.
A brief summary of the case follows:
- Gardner’s claims arise out of property in Oakland, California, that had been the site of a gas station up until about 1973.
- According to a “Site Investigation Report and Closure Request” prepared in 2014, which is attached to the complaint and incorporated by reference, and so properly considered by the Court in this motion to dismiss, see, e.g., Henderson v. Select Portfolio Servs., Inc., No. 3:15-CV-03028-JD, 2016 WL 1059414, at *1 n.1 (N.D. Cal. Mar. 17, 2016), two underground storage tanks for gasoline were removed in 2007 and petroleum hydrocarbons were discovered in the soil around the tanks.
- The site investigation in 2014 was commissioned “to evaluate petroleum hydrocarbons in soil and groundwater” at the property.
- The investigation found evidence of petroleum hydrocarbons from gasoline and diesel fuel, and fractional petroleum compounds such as benzene, ehtylbenzene and xylenes. No non-petroleum compounds are identified in the report or in any other attachment to the complaint.
- Although not at all clear from the complaint, Gardner appears to have bought the property in 2010 allegedly without knowledge of the petroleum contamination.
- The Court ruled: dismissed
- To find out more on the case, see Groundwater & Soil Contamination, Chevron and Benzene.
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