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Ed Niemi Oil Co. v. Exxon Mobil Corp.

ELR Citation: 43 ELR 20066
Nos. 3:11-cv-00214, (D. Or., 03/11/2013) (Mosman, J.)

A district court held that genuine issues of material fact preclude a grant of summary judgment in a petroleum distributor's contribution claim against an oil company for costs incurred cleaning up hazardous substance contamination at a gas station and bulk petroleum storage plant formerly leased by the oil company. The issues of when the releases occurred, and which contamination caused the incurrence of remediation costs, are replete with genuine issues of fact. However, indemnity clauses in the lease agreements require the distributor to indemnify the oil company for any liability that incurred during the period of the leases. In addition, the oil company is entitled to partial summary judgment on the distributor's gas station contribution claim to the extent it claims future remedial action costs. There are presently no future remedial action costs because the state issued a "no further action" determination for the site.