Shell Oil Co. Moves for Summary Judgment in Benzene Contamination Case, Says Claims Preempted

EAST ST. LOUIS, Ill. –– Shell Oil Co. has moved for summary judgment in a benzene contamination suit, saying that the plaintiff’s nuisance claims are preempted by Illinois law.

In the Aug. 14 motion filed in the U.S. District Court for the Southern District of Illinois, the defendant says that since the Illinois Environmental Protection Agency is responsible for cleanup response, any claims against Shell are preempted.

In the suit, the Village of Roxana, Ill., contended that Shell Oil Co., and other defendants, violated the nuisance ordinance and has incurred “exorbitant fines” for the alleged violations.

However, according to …