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Neodesha, City of v. BP Corp. N. Am. Inc.

ELR Citation: 47 ELR 20044
Nos. 15-4025-KHV-15-4844-KHV and 15-4847-KHV, (D. Kan., 03/16/2017) (Vratil, J.)

A district court held it had no authority to impose municipal penalties in a case involving a Kansas city's groundwater contamination claims against an oil company. The city sued the oil company in federal court for allowing benzene and other volatile organic compounds to accumulate at its properties. The city sought a term of confinement in county jail and/or a fine not to exceed $500, but cited no authority that would authorize the court to order those penalties. The oil company opposed the suit, claiming that it was futile. The court agreed that the complaint was not redressable and the claims were dismissed.