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Chevron U.S.A. Inc. v. Apex Oil Co.

ELR Citation: 45 ELR 20203
Nos. 15-00341, (D. Md., 10/20/2015) (Motz, J.)

A district court granted in part motions to dismiss an oil company's OPA, Pipeline Safety Act, and Maryland state-law claims against the alleged owners and operators of an underground pipeline in southeast Baltimore. The company filed suit to recover damages it incurred due to a pipeline leak. All of the company's claims against one of the defendants were dismissed due to conflicting allegations in the complaint. As for the second defendant, the court dismissed the company's claim for cost recovery and contribution under OPA. Oil discharges into groundwater do not give rise to a claim under OPA, even if the groundwater is hydrologically connected to navigable waters. And although the company may go forward with its Pipeline Safety Act claim, its state-law claims were also dismissed.