(Sugar Creek, MO. September 19, 2005) The first of 25 lawsuits against oil giant BP Corporation ended last week at the Jackson County Circuit Court in Independence, Missouri with Judge Marco Roland presiding over the case. The jury awarded $13.3 million in compensatory damages to the family of plaintiff Nancy Ryan, who died last year of a rare blood disorder, melody splastic syndrome. Punitive damages were settled out of court for an undisclosed sum. According to plaintiff's attorney, Lon Walters of the Walters Law firm, Ryan's blood disorder was caused by exposure to benzene through inhalation, ingestion and dermal absorption of benzene and other chemicals which migrated beyond the borders of the refinery. Expert testimony revealed that Ryan's status as a stay at home Mother and housewife who lived nearby the refinery 49 years of her life, placed her exposure rate in a 24 hour day at 85 to 90 percent during the time she lived near the refinery. Refinery records show officials knew as early as March 1950 petroleum was migrating off site and into Ryan's neighborhood from leaking tanks and pipelines. The American Petroleum Institute had released a report in 1948 warning refineries that benzene exposure at any level was unsafe.

During the refinery's expansion that began in 1948 they chose to place their pipelines underground in spite of petroleum industry recommendation a few years prior to place pipelines aboveground. The expansion was to the north and the east of Ryan and her neighbors homes, in what was named the West Hills and West Tank areas. Refinery records indicate that 23 tanks brought in at that time were previously used from an Oklahoma refinery and not tested before being filled with petroleum product. An independent investigation in 1957 confirmed product from the tanks, as well as from the process area, was leaking into faults, trenches and fissures in the bedrock in the southern perimeter and off-site of the refinery. Also an issue then were the leaking underground pipes. In a 1964 investigation one line was found to be leaking one barrel (42 gallons) an hour. It was undetermined for how long it had been leaking. The line was not shut down when the leak was found , but was eventually replaced some ten days later.

Aware of the problems with their tanks, refinery records show that in the 1970's the refinery was inspecting their tanks on a 10 year cycle, although industry standards were for tanks to have a complete inspection every six months to five years, depending on the materials the tanks stored. Documents reveal refinery officials knew that for a decade an average of 8,000 to 27,000 gallons per day were lost underground.

A 1966 company document reveals that three options were considered to stop oil and gas from migrating off site. The first was to locate and repair the leaks at an undetermined but tremendous cost. The second was raising the pipes for a few million dollars. The third and least expensive option was what they chose, which was to dig a ditch to collect their product at the cost of $28,000.

Janet Nichols Elliott, resident of Sugar Creek and Chairperson for citizens group CLEANUP states that , "BP officials have known for years that the state of Missouri regulatory agency, as well as the EPA, doesn't have the technical ability to go head to head with facilities. This jury made it clear that no corporation, regardless of its size and power, can get by with knowingly placing peoples life at risk. BP, EPA and MDNR have not honored their commitment to, first and foremost, clean up contamination of the residential area. Instead, they spend their time trying to figure out how they can reuse the contaminated former refinery for the 'economic benefit' of Sugar Creek. The mayor has a pretty map in his office depicting playgrounds, swimming pools and other recreational areas as part of the new Bluffs of Sugar Creek."

C.L.E.A.N.U.P. goals are 1) to see that toxic chemicals which migrated offsite into our neighborhoods and/or leaked out of the pipelines running through town are cleaned up, 2) in doing so, stop exposure of such chemicals to the residents, 3) to stop reuse plans on the old refinery from involving child related activities (most contamined properties that include recreational areas are 'adult related', 4) continue to push for a barrier wall to stop the chemicals that still migrate into the neighborhoods bordering the refinery, and 5) to push for the regulatory agencies to do their job. To take the precautionary approach when it comes to reuse. They are responsible for our safety and welfare. We should not have to babysit the pollutor, they should.

This has been ongoing since the refinery closed in 1982. BP has been in charge of all data used by the agencies (much like allowing a pedifile to run a daycare). We try to involve ourselves with all aspects of this site, including the lawsuits. Our victories seem, at times, far and few between and the message this jury sent was that Corporations must be held accountable when they affect the health and lives of citizens.

Contact: Janet Nichols Elliott
C.L.E.A.N.U.P.
(Citizens Learning Everything about Amoco's Negligence and Underground Pollution)
P.O. Box 8705, Sugar Creek, Missouri 64054
Phone: 816/252-9155
E-Mail: nicholsworth1@sbcglobal.net