Shell Defendants Say Claims under Toxic Substances Control Act Fail

NEW ORLEANS -- Defendants in a Louisiana benzene action have a federal court to dismiss the claims, contending that private citizens cannot benefit from civil penalties allowed under the Toxic Substances Control Act. Bunch, et al. v. Shell Oil Co., et al., No. 10-01226 (E.D. La.).

On June 16, the U.S. District Court for the Eastern District of Louisiana rejected defense requests for oral arguments on its motions to dismiss.

The lawsuit was filed on behalf of Baron Bunch, whose chronic lymphocytic leukemia was allegedly caused by benzene exposure he incurred while working for Shell.

The plaintiffs say that Bunch …