EXXON: Two groups suing refinery- claim plant violates Clean Air Act

By Steve Cannizaro
St. Bernard/Plaquemines bureau
Friday February 13, 2004

Two environmental groups filed a federal lawsuit Thursday in New Orleans against Exxon Mobil's Chalmette Refining LLC plant, alleging violations of the Clean Air Act and seeking civil penalties of as much as $27,500 per day per violation, to be paid to the U.S. Treasury.

"This suit was filed because we all want clean air and a healthy community," said Ken Ford of Chalmette, president of St. Bernard Citizens for Environmental Quality, which is a plaintiff in the suit along with the Louisiana Bucket Brigade. The Tulane Environmental Law Clinic filed the suit on their behalf, and the case was allotted to U.S. District Judge Sarah Vance.

A plant spokeswoman said the plant complies with all state and federal environmental regulations.

Ford said the suit was a last resort after years of terrible odors and health concerns in his neighborhood near the refinery.

"I've asked them (refinery officials) to solve their problems, but they deny, deny, deny. They are not responding," Ford said. "But their problems are giving us (neighbors) problems."

Ford said plant neighbors have received little help from the state Department of Environmental Quality, parish officials or the refinery.

The suit alleges violations by the refinery, including emitting pollutants that exceed permit levels, failure to properly maintain the flares that burn off dangerous emissions, violation of benzene-emission limits for storage tanks and failure to file in a timely manner required reports when illegal emissions occur.

Nora Scheller, spokeswoman for the refinery, which is the largest private employer in St. Bernard Parish, said the refinery hasn't received a copy of the lawsuit and wouldn't comment on specific allegations. But she said the plant complies with all state and federal regulations, and considers itself a good neighbor.

"We share our neighbors' concerns regarding environmental quality in the community," she said.

Anne Rolfes, director of the Bucket Brigade, said that in the two months since the environmental groups gave notice to the refinery of a possible suit to be filed, "We've seen an increase in their public relations campaign" in the community, "but not any improvements."

Lou Troyani, who lives on Jackson Boulevard near the refinery, was among about 15 people who gathered Thursday at Ford's house on Carroll Drive to discuss the refinery.

"I can't keep my patio clean" because of oily black substances she thinks come from the refinery, Troyani said. Even vegetables in her garden were affected, she said. "We had to quit planting things. The green peppers were black on top."

The environmental groups filed a citizens-enforcement suit, a measure under the Clean Air Act that allows people to bypass government agencies to seek cleaner industrial operations.

Steve Cannizaro can be reached at scannizaro@timespicayune.com or (504) 826-3834.

Fair use notice