“During the war years, the full slate of products Exxon produced in connection with making avgas were essential war products. The government exerted substantial control over the refineries’ actions, including decision on how to use raw materials and labor. This control makes the government responsible for a share of remediation costs, including costs related to the refineries’ delays in implementing certain waste-management improvements,” wrote Chief Judge Rosenthal in her ruling.
She ruled that the U.S. government is liable for an allocated share of $24.67% for past response costs incurred by Exxon at the Baytown refinery. The federal government is also responsible for an allocated share of 35.54% for past response costs incurred by the company at the Baytown Ordnance Works/Tankfarm 3000 Area.
At the Baton Rouge refinery, the U.S. government is responsible for an allocated share of 14.4% for past response costs.
The U.S. government is liable for its share in the wartime environmental pollution cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) also known as Superfund.
