Sunday, December 18, 2005

Crystal Lake Attorney Bob Wagner Wins Huge Blue Island Refinery Case

The refinery “was dumping in sewers illegally” and “also releasing toxic compounds into the air,” Wagner said in an interview.

He told how he discovered through Freedom of Information requests that the refinery had released “10-38 tons of catalysts,” on at least five occasions from 1993 to 2000 which he described as “gritty sand used in the refining process” which “gets coated with grease and oil and heavy metals.”

One of those releases—on October 7, 1994—“blew over the high school and sent 50 kids to the hospital,” he said.

A 1995 lawsuit was filed, which Wagner joined in 2000.

The case is based upon 15 boxes of information from the federal and Illinois Environmental Protection Agencies.

Wagner said there was “a pretty compelling case that there was a lot of pollution coming from that refinery that could have been avoided using reasonably available technology.

“The evidence showed refinery management was indifferent to the pollution released into the neighborhood and did little or nothing to prevent it because it was too expensive,” he continued.

“They put their profits ahead of public safety,” Wagner observed. “They were indifferent to the damage they inflected.”

The original company sued, Premcor, sold the refinery toValero Energy Corportion, out of California, he added.

Describing the size of Premcor, Wagner said its financial statements showed the firm had “one-half a billion dollars in after-tax profits, while we’re paying $3 (a gallon) for gas. Their profits were unconscionable. I feel like Robin Hood.”

Wagner noted that the settlement represented $20,000 for each of the 6,000 Blue Island households for the seven years of pollution. $80 million was for compensatory damages and $40 million for punitive damages.

The local resident won’t be getting a big paycheck soon.

“They indicated they are going to appeal. They never offered a settlement,” he added.

Asked for its comment, Valero spokesperson Mary Rose Brown emailed, “As you are probably aware, this is a 10-year-old case. Valero never owned this facility when it was in operation. The refinery was dismantled in 2001 and we acquired the site as a result of our acquisition of Premcor earlier this year.

“We plan to ask for a new trial or ask the judge to substantially reduce the judgment, as we do not feel it was supported by the evidence. Absent additional relief at the trial court, we will appeal the judgment.”

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