Judge Finds Groundwater Below Refinery Is Public, Denies Summary Judgment

ST. CROIX, Virgin Islands - The commissioner of the Department of Planning and Natural Resources as well as the government of the Virgin Islands can pursue claims of negligence, negligence per se, public nuisance and strict liability for an abnormally dangerous activity against Hess Oil Virgin Islands Corp. (HOVIC) and HOVENSA LLC, a federal judge ruled June 4, after finding that the defendants failed to show that owned groundwater underneath their refinery and that it would not migrate into public property (Commissioner of the Department of Planning and Natural Resources, et al. v. Century Aluminum Company, et al., No. 06-62, D. Virgin Islands). Subscribers may view the memorandum available within the full update.

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