Description: Citizen suit alleging failures to prepare a bulk storage and fuel terminal in New Haven, Connecticut for the effects of climate change.
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Conservation Law Foundation v. Gulf Oil LP
Case Documents:
Filing Date Type File Action Taken Summary 02/28/2022 Order Court directed that this case and Shell Oil case remain with assigned judges. The court found that this case was not sufficiently related to Conservation Law Foundation v. Shell Oil Co. (No. 3:21-CV-933) to necessitate the same judge handling both matters. 02/23/2022 Brief Download Brief filed by Conservation Law Foundation in response to February 16, 2022 order. Conservation Law Foundation (CLF) argued that this case was not related to Conservation Law Foundation v. Shell Oil Company (No. 3:21-cv-933) and that transfer to the same judge was not necessary. If the case was transferred, CLF contended that the cases should not be consolidated. 02/23/2022 Response Download Report filed by Gulf Oil LP in response to court's February 16, 2022 order. Gulf Oil LP told the court that it agreed that this case was related to Conservation Law Foundation, Inc. v. Shell Oil Company (No. 3:21-CV-933), and that the Shell lawsuit should be transferred to this court. Gulf Oil also contended that the cases could be properly consolidated for discovery and pre-trial purposes only. 02/16/2022 Order Parties ordered to file responses regarding possible related case (Conservation Law Foundation v. Shell Oil Co. (No. 3:21-CV-933)). 12/15/2021 Reply Download Memorandum of law filed in support of motion to dismiss. 11/24/2021 Opposition Download Memorandum of law filed in support of Conservation Law Foundation's opposition to defendant's motion to dismiss. 10/20/2021 Motion to Dismiss Download Memorandum of law filed by Gulf Oil LP in support of motion to dismiss. 07/07/2021 Complaint Download Complaint filed. Two New Citizen Suits Asserted Failure to Prepare Fuel Terminals for Climate Change. On July 7, 2021, Conservation Law Foundation filed two citizen suits asserting that the defendants’ bulk storage and fuel terminals in New Haven, Connecticut violated the Clean Water Act and Resource Conservation and Recovery Act. The complaints alleged that the defendants had not designed, maintained, modified, or operated their terminals to account for “the numerous effects of climate change,” including sea-level rise and more frequent and more severe storms. Conservation Law Foundation sought declaratory and injunctive relief, civil penalties, environmental restoration and compensatory mitigation, and costs of litigation, including attorney and expert witness fees.