The St.Bernard Voice scan copy
Friday, November 6, 2009

Neighborhood group files motion against Murphy Oil

Frank McCormack frank@thestbernardvoice.com

The Tulane Environmental Law Clinic, representing the St. Bemard­ based organization Concerned Citizens Around Murphy (CCAM), filed a motion in Federal District Court Oct. 29 for partial summary judgment against Murphy Oil, U.S.A., for alleged violations of the Clean Air Act. The motion is part of a lawsuit originally filed by CCAM November 2008.

The lawsuit alleges that Murphy's refinery in Meraux has violated the Clean Air Act more than 130 times since October 2003 by releasing pollutants including hydrogen sulfide and sulfur dioxide in excess of the permitted limits.

The motion for partial summary judgment isolates 24 of those violations that Murphy has already acknowledged, according to a press release from CCAM. Those 24 violations occurred between April 30, 2004, and Jan. 13, 2009, said Adam Babich, director of the Tulane Environmental Law Clinic. Because Murphy has already admitted to those 24 violations, the motion argues, U.S. District Judge Sarah Vance is able to pass judgment on those particular violations.

"Summary judgment is where you tell the judge,'we don't need a trial to determine a judgment,'" Babich explained.

A hearing regarding the motion for partial summary judgment is tentatively scheduled for Nov. 25. Murphy has not yet formally responded to the motion.

Suzanne Kneale, a member of CCAM, said her organization merely wants Murphy to adhere to the limits set by their permits and by the Clean Air Act.

"We're asking Murphy to be a good neighbor, to keep their agreement and to adhere to their existing air permit," Kneale said. "They could be a better neighbor and demonstrate a respect for people who live on the other side of the fence."

She said that approach would allow St. Bernard residents and St. Bernard industry to maintain a balance.

The Tulane Environmental Law Clinic, started in 1989 by the Tulane University Law School, provides "free legal representation and community outreach to community organizations, lower-income individuals and local govemments throughout Louisiana," according to the clinic's website.

A representative from Murphy Oil, U.S.A., could not be reached by press time.