Jenner & Block

Firm Wins Victory for Apex Oil Co. and Petroleum Fuel & Terminal Co.

Jenner & Block  represents Apex Oil Co. and Petroleum Fuel & Terminal Co (PF&T). in a cost recovery and injunction action filed in the U.S. District Court for Maryland concerning a pipeline now owned by PF&T, which was purchased from Chevron in 1994.   Chevron has claimed more than $30mm in damages for costs of remediating pollution allegedly discharged onto third-party property over the course of 20 years.  On October 20, 2015, Judge J. Frederick Motz dismissed (1) all 12 pending counts against Apex; and (2) nine counts against PF&T, including claims under the Oil Pollution Act of 1990, Maryland Environmental Code, declaratory judgment, quasi contract claims, and several tort theories.  Although the court allowed breach of contract and indemnity claims and a Pipeline Safety Act claim to remain at issue, Judge Motz significantly limited the potential financial impact of those claims through his decision on our clients’ statute of limitations defense and further limiting recovery under the remaining claims.

The members of the firm’s team who achieved this significant victory for our clients are Partners Gabrielle Sigel and Jessica Ring Amunson, Associates Amir H. Ali and Alexander J. Bandza and Senior Paralegal Debra Abelson.  The firm’s colleagues in Baltimore were Timothy Maloney and Matthew Bryant of the Joseph Greenwald & Laake, PA firm.