This case was last updated from U.S. District Courts on 09/20/2022 at 08:20:58 (UTC).

Conservation Law Foundation, Inc. v. Shell Oil Company et al

Case Summary

On July 07, 2021, Conservation Law Foundation, Inc. (“CLF” or “Plaintiff”), represented by Allan Kanner, Allison S. Brouk, Chance Raymond and Elizabeth B. Petersen of Kanner and Whiteley, LLC, and Alexandra St. Pierre, Chrisopher Kilian, Ian Coghill, James Crowley, and Kenta Tsuda of Conservation Law Foundation, filed an environmental lawsuit against Shell Oil Company, Equilon Enterprises LLC d/b/a Shell Oil Products US, Shell Petroleum, Inc., Shell Trading (US) Company, Triton Terminaling LLC, and Motiva Enterprises LLC’s (collectively, “Defendants” or “Shell”) seeking declaratory and injunctive relief, and civil penalties for alleged violations of the environment laws by Shell. This case was filed in the U.S. District Court for the District of Connecticut, with Judges Vanessa L. Bryant and Sarah A. L. Merriam presiding.

In the complaint, the plaintiff asserted, “Shell’s past and ongoing failures to comply with Connecticut Industrial Stormwater Permit No. GSI002800 (the ‘Permit’), and the Clean Water Act; (2) the Shell facility’s location in a floodplain and improperly managed susceptibility to washout of solid waste, which poses a hazard to human life, wildlife, and land and water resources; (3) Shell’s past and present contribution to handling, storage, treatment, transportation, or disposal of solid and hazardous wastes, which may present an imminent and substantial endangerment to health or the environment in violation of RCRA.”

The plaintiff further claimed, “These violations of federal law have occurred and are occurring at Shell’s New Haven Terminal, formerly the Motiva Enterprises LLC New Haven Terminal, a bulk storage and fuel terminal located at 481 East Shore Parkway, New Haven, Connecticut.”

The plaintiff also claimed, “Further, in addition to pollutant discharges and/or releases due to precipitation, the Terminal has not been designed or modified to address pollutant discharges and/or releases due to flooding; specifically, the Terminal is likely to discharge and/or release pollutants into surrounding surface waters, groundwater, the community, and the air because it has not been designed to withstand flooding associated with storm events and storm surge, tides, sea level rise, and increasing sea surface temperatures.”

The plaintiff further claimed, “The substantial risk of pollutant discharges and/or releases at the Terminal is due to factors including, but not limited to, inadequate infrastructure design and Shell’s failure to sufficiently prepare for precipitation and/or flooding, which is exacerbated by storms and storm surge, sea level rise, and increasing sea surface temperatures.”

The plaintiff presented fourteen claims for relief, including claims for the alleged violation of the Clean Water Act by failure to eliminate stormwater discharges, activity inconsistent with the Coastal Management Act; unlawful certification of SWPPP; failure to identify potential water resources; failure to describe and implement practices to reduce pollutants and ensure permit compliance, manage runoff, and minimize potential for leaks and spills; failure to submit required information to Connecticut Department of Energy and Environmental Protection; open dumping; violation of the Resource Conservation and Recovery Act; and failure to comply with State and Federal RCRA Regulations applicable to generators of hazardous wastes. 

In the prayer for relief, the plaintiff requested a judgment for declaratory and injunctive relief to prevent further violation, along with an order of  civil penalties of up to $55,800 per day, per violation and environmental restoration; and an award of compensatory mitigation.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00933

  • Filing Date:

    07/07/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Environment

Judge Details

Referral Judge

Thomas O. Farrish

Presiding Judges

Vanessa L. Bryant

Sarah A. L. Merriam

 

Party Details

Plaintiff

Conservation Law Foundation, Inc.

Defendants

Shell Oil Company

Equilon Ent LLC doing business as Shell Oil Products US

Shell Petroleum Inc

Triton Terminaling LLC

Motiva Enterprises LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Kenta Tsuda

Attorney at Conservation Law Foundation

62 Summer Street, 02110

Boston, MA 02110

Allan Kanner

Attorney at Kanner and Whiteley, L.L.C.

701 Camp Street, New Orleans

New Orleans, LA 70130

Allison S. Brouk

Attorney at Kanner and Whiteley, L.L.C.

701 Camp Street, New Orleans

New Orleans, LA 70130

Chance Raymond

Attorney at Kanner and Whiteley, L.L.C.

701 Camp Street, New Orleans

New Orleans, LA 70130

Christopher Kilian

Attorney at Conservation Law Foundation

15 E. State St., Suite 4

Montpelier, VT 05602

Elizabeth Bryce Petersen

Attorney at Kanner and Whiteley, L.L.C.

701 Camp Street, New Orleans

New Orleans, LA 70130

Ian Coghill

Attorney at Conservation Law Foundation

62 Summer Street, 02110

Boston, MA 02110

Alexandra St. Pierre

Attorney at Conservation Law Foundation

62 Summer St

Boston, MA 02131

James Crowley

Attorney at Conservation Law Foundation

235 Promenade Street, Suite 560

Providence, RI 02908

Defendant Attorneys

Bina Reddy

Attorney at Beveridge & Diamond PC

400 W. 15Th Street, Suite 1410

Austin, TX 78701

James O. Craven

Attorney at Wiggin & Dana

One Century Tower, 265 Church Street P.O. Box 1832

New Haven, CT 06510

John S. Guttmann

Attorney at Beveridge & Diamond PC

1900 N Street Nw, Suite 100

Washington, DC 20036

Megan Morgan

Attorney at Beveridge & Diamond, PC

201 N Charles Street, Suite 2210

Baltimore, MD 21201

Roy D Prather, III

Attorney at Beveridge & Diamond, P.C.

201 N Charles Street, Suite 2210

Baltimore, MD 21201

 

Court Documents

#112

(#112) Minute Entry. Proceedings held before Judge Thomas O. Farrish: taking under advisement #102 Motion to Compel; Motion Hearing held on 9/19/2022 re #102 MOTION to Compel filed by Shell Petroleum Inc, Equilon Ent LLC, Shell Oil Company, Motiva Enterprises LLC, Triton Terminaling LLC, Shell Trading (US) Co. Total Time: 1 hour and 5 minutes(Court Reporter Court Smart.) (Wood, R.) (Entered: 09/19/2022)

#111

(#111) RULING. For the reasons stated in the attached Ruling, defendants' #50 Motion to Dismiss Amended Complaint is GRANTED, in part, and DENIED, in part. It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/16/2022. (Katz, S.) (Entered: 09/16/2022)

#110

(#110) NOTICE of Appearance by Roy D Prather, III on behalf of Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC (Prather, Roy) (Entered: 09/16/2022)

109 #109

Main Document

102 #1

Exhibit A to Defendants' Motion to Compel

102 #102

Main Document

50 #2

Text of Proposed Order

50 #1

Memorandum in Support

50 #50

Main Document

1 #10

Exhibit SW Monitoring Rep

1 #9

Exhibit SPCC

1 #8

Exhibit SWPPP

1 #7

Exhibit ECA Form

1 #6

Exhibit Letter

1 #5

Exhibit Letter

1 #4

Exhibit SW Monitoring Rep

1 #3

Exhibit Supp. Notice

#1

126 More Documents Available
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Docket Entries

  • 09/19/2022
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  • Docket(#112) Minute Entry. Proceedings held before Judge Thomas O. Farrish: taking under advisement #102 Motion to Compel; Motion Hearing held on 9/19/2022 re #102 MOTION to Compel filed by Shell Petroleum Inc, Equilon Ent LLC, Shell Oil Company, Motiva Enterprises LLC, Triton Terminaling LLC, Shell Trading (US) Co. Total Time: 1 hour and 5 minutes(Court Reporter Court Smart.) (Wood, R.) (Entered: 09/19/2022)

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  • 09/19/2022
  • DocketNOTICE regarding hearing via Zoom: The Hybrid Motion hearing scheduled for 9/19/22 at 10:30 a.m. will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1600112117?pwd=VFRsVm01bUFLZXlSZjNEcEQ3R0g2QT09 and call in number is 1 646 828 7666.Meeting ID: 160 011 2117 Meeting Password: 764054 The public may also join by following the zoom video link. Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Wood, R.) (Entered: 09/19/2022)

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  • 09/16/2022
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  • Docket(#111) RULING. For the reasons stated in the attached Ruling, defendants' #50 Motion to Dismiss Amended Complaint is GRANTED, in part, and DENIED, in part. It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/16/2022. (Katz, S.) (Entered: 09/16/2022)

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  • 09/16/2022
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  • Docket(#110) NOTICE of Appearance by Roy D Prather, III on behalf of Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC (Prather, Roy) (Entered: 09/16/2022)

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  • 09/14/2022
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  • Docket(#109) Memorandum in Opposition re #102 MOTION to Compel filed by Conservation Law Foundation, Inc.. (Attachments: #1 Exhibit A)(St. Pierre, Alexandra) (Entered: 09/14/2022)

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  • 09/14/2022
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  • Docket(#108) NOTICE of Appearance by James Crowley on behalf of Conservation Law Foundation, Inc. (Crowley, James) (Entered: 09/14/2022)

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  • 09/13/2022
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  • Docket(#107) ORDER granting #106 Motion for Attorney Roy D. Prather to Appear Pro Hac Vice. Certificate of Good Standing due by 11/12/2022. Signed by Clerk on 9/13/2022. (Oliver, T.) (Entered: 09/13/2022)

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  • 09/12/2022
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  • Docket(#106) MOTION for Attorney(s) Roy D. Prather to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7065598) by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Triton Terminaling LLC. (Attachments: #1 Affidavit Declaration of Roy D. Prather III)Motions referred to Thomas O. Farrish(Craven, James) (Entered: 09/12/2022)

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  • 09/12/2022
  • Docket(#105) NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing set for 9/19/2022 at 9:30 AM in East Courtroom, 450 Main St., Hartford, CT before Judge Thomas O. Farrish, re: 102 MOTION to Compel by Equilon Ent LLC, Motiva Enterprises LLC, Shell Oil Company, Shell Petroleum Inc, Shell Trading (US) Co, Triton Terminaling LLC. (Wood, R.) (Entered: 09/12/2022)

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  • 08/30/2022
  • Docket(#104) NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 9/13/2022. A Settlement Conference is set for 10/5/2022 at 10:00 a.m. at 915 Lafayette Blvd.,Courtroom 435, 4th Floor, Bridgeport, CT before Judge S. Dave Vatti. (Ellis, Bernadette) (Entered: 08/30/2022)

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99 More Docket Entries
  • 07/07/2021
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  • Docket(#9) NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES: Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #3 MOTION for Attorney(s) Ian Coghill to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6569237) filed by Conservation Law Foundation, Inc., #1 Complaint, filed by Conservation Law Foundation, Inc., #4 MOTION for Attorney(s) James Crowley to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6569245) filed by Conservation Law Foundation, Inc., #7 Standing Protective Order, #5 Order on Pretrial Deadlines, #8 Order Re: Chambers Practices, #2 Corporate Disclosure Statement filed by Conservation Law Foundation, Inc., #6 Electronic Filing Order. Signed by Clerk on 7/7/21. (Velez, F.) (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#8) ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 7/7/21. (Velez, F.) (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#7) STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 7/7/21. (Velez, F.) (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#6) ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 7/7/21. (Velez, F.) (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#5) Order on Pretrial Deadlines: Amended Pleadings due by 9/5/2021; Discovery due by 1/6/2022; Dispositive Motions due by 2/10/2022. Signed by Clerk on 7/7/21. (Velez, F.) (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#4) MOTION for Attorney(s) James Crowley to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6569245) by Conservation Law Foundation, Inc.. (Attachments: #1 Affidavit)(Tsuda, Kenta) (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#3) MOTION for Attorney(s) Ian Coghill to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6569237) by Conservation Law Foundation, Inc.. (Attachments: #1 Affidavit)(Tsuda, Kenta) (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#2) Corporate Disclosure Statement by Conservation Law Foundation, Inc.. (Tsuda, Kenta) (Entered: 07/07/2021)

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  • 07/07/2021
  • DocketJudge Vanessa L. Bryant added. (Anastasio, F.) (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#1) COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-6569010.), filed by Conservation Law Foundation, Inc.. (Attachments: #1 Errata Civil Case Cover Sheet, #2 Exhibit Notice of Intent, #3 Exhibit Supp. Notice, #4 Exhibit SW Monitoring Rep, #5 Exhibit Letter, #6 Exhibit Letter, #7 Exhibit ECA Form, #8 Exhibit SWPPP, #9 Exhibit SPCC, #10 Exhibit SW Monitoring Rep)(Tsuda, Kenta) (Entered: 07/07/2021)

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