Wood River Refinery Contamination Class Wins Certification

A judge in Illinois has approved class certification for a group of residents from the town of Roxana. The residents claim that a nearby Shell Oil refinery, Wood River, has contaminated property, as well as the town’s water supply, after years of chemical leaks and inadequate safety procedures. As such, plaintiffs are now seeking compensation as part of a class action lawsuit.

The plaintiffs had stated concrete, particular, and actual injury.

According to the allegations, 18 separate leaks dating back 25 years have allowed dangerous levels of chemicals to contaminate nearby land, water, and the town’s air. From leaking underground pipes and because of poor procedures, the suit claims, chemicals including hexane, toluene and xylene have polluted Roxana’s air and water. The carcinogen benzene has also allegedly been found at levels 26,000 times higher than the legally allowed limit, although Shell questioned the specific numbers and has hired their own specialists to conduct further studies.

The town, in southern Illinois near the Mississippi, is built around the refinery and is said to have around 1500 residents. The lawsuit has been brought by residents from over 300 ‘parcels’ of land who claim they have been affected by the contamination. While Shell had argued that certification should not go ahead because the accusations were too broad, Judge G. Patrick Murphy disagreed. In his ruling, Judge Murphy noted that there was no doubt a chemical leak had taken place, and that the class could easily be identified because of the 387 parcels of land. As such, he ruled, the requirements were met. He also noted that plaintiffs had stated “concrete, particular, and actual injury.”

Shell’s argument that some plaintiffs had not even been aware of the injury until they were told about the possible contamination had no bearing on certification, he added. Shell has not yet announced if they will appeal.

A previous and still ongoing case from 2001 is also seeking compensation from Shell over allegations that contamination from the Wood River refinery reached the town. In both cases, Shell disputes the claims.