Federal judge dismisses lawsuit over oil spill

LITTLE ROCK, Ark. (AP) — A federal class-action lawsuit against Exxon Mobil Corp. over a 2013 crude oil spill in central Arkansas has been dismissed by a federal judge, who acknowledged in his ruling that his decision seems unfair.

U.S. District Judge Brian Miller on Tuesday dismissed the lawsuit with prejudice, meaning it cannot be refiled.

Miller said in a 22-page ruling that he was incorrect in granting class-action status in the case and concluded that the easement contracts Exxon Mobil held with the property owners do not require the company to maintain the pipeline.

Miller said his task was to decide between two options, neither of which seem desirable.

“If Exxon’s position prevails, the message to easement grantors is that they are helpless in attempting to avoid a pipeline oil spill, and have no rights until after the oil starts spewing from the pipeline. And, this does not seem fair,” Miller wrote.

“On the other hand, if plaintiffs’ position prevails, easement grantors would essentially be able to hold pipeline easement holders hostage, threatening them with lawsuits or contract rescission every time the easement grantors possess any notion that the companies are not meeting the easement grantors’ personal safety standards. And,
this appears to be neither fair nor commercially acceptable.”

The pipeline ruptured March 29, 2013, in Mayflower, spilling more than 200,000 gallons of crude oil in the town about 25 miles northwest of Little Rock.