"All plaintiffs are attempting to do, however, is to enforce their easement contracts via a common law breach of contract claim, which speaks to the larger issue of whether the easement itself can continue to exist," he added. The company had contended that the plaintiffs' efforts to remove or replace the pipeline were an attempt to "'usurp the exclusive authority of the federal government to regulate interstate pipelines,'" Miller wrote. A 211-mile section in Texas only recently resumed operation.Įxxon Mobil had argued against class-action status. The company shut down the entire 850-mile-long pipeline after the accident. In the ruling, Miller noted that neither the Webbs' nor the Harpers' property suffered damage because of the March 29, 2013, pipeline rupture that Exxon Mobil has said sent an estimated 210,000 gallons of thick crude into the Northwoods subdivision, drainage ditches and a cove of Lake Conway. "The easement was on their property," he said. Miller ruled that two other plaintiffs in the lawsuit - Rudy and Betty Webb, who live in Conway but own property in Mayflower - could not represent the class action because the pipeline does not cross their property.ĭuncan said the pipeline, built in 1947-48, was "within probably inches" of the Webbs' property but not directly on it. Little Rock attorney Phillip Duncan, one of the attorneys representing the Harpers, said he did not want to discuss the details of the case but noted that there were "numerous" such people with property along the northernmost stretch of pipeline that runs almost 650 miles.Īn Exxon Mobil spokesman had not provided a requested comment on behalf of the company by press time. The number of property owners potentially affected by the ruling was not known late Tuesday. The lawsuit seeks either cancellation of the easements and removal of the pipeline from their property or a requirement that Exxon replace the pipeline. District Court in Little Rock, said Arnez and Charletha Harper can legally represent people who currently own property that is subject to an easement for the oil giant's Pegasus pipeline and that is physically crossed by the pipeline running from Corsicana, Texas, to Patoka, Ill.
#Exxon oil spill class actio full#
DOCUMENTS: Full list of available spill-related files.INTERACTIVE: Timeline of events in Mayflower.
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