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Case Name City of Evanston v. Texaco EJ-IL-0001
Docket / Court 13-cv-2106 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Environmental Justice
Case Summary
On March 19, 2013, the City of Evanston filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The City sued Chevron U.S.A. Inc., E-Town Community Ventures, LLC, Texaco, Inc., the Chevron Corporation, and the Chevron Environmental Management Company under the Resource ... read more >
On March 19, 2013, the City of Evanston filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The City sued Chevron U.S.A. Inc., E-Town Community Ventures, LLC, Texaco, Inc., the Chevron Corporation, and the Chevron Environmental Management Company under the Resource Conservation and Recovery Act (RCRA) and local ordinances. The City also alleged that the defendants had committed trespass and created a private nuisance. The plaintiffs, represented by private counsel, sought declaratory, injunctive, and monetary relief. The case was assigned to Judge Gary Feinerman and Magistrate Judge Susan E. Cox.

This action concerned the release and migration of hazardous substances, specifically petroleum and its byproducts, from leaking underground storage tanks at a vacant commercial property in Evanston, IL, formerly owned and operated as a gasoline service station by the Texas Corporation. According to the City, the soil and groundwater at the Texaco Station and the City Property was contaminated with petroleum, gasoline and their byproducts, including, among other things: benzene, toluene, ethylbenzene and xylene; polynuclear aromatic hydrocarbons; and lead as a result of Texaco’s operations at the site. The City claimed that by allowing these contaminants to seep into the ground, the defendants had violated the RCRA.

On August 6, 2013, the City filed an amended complaint, removing Chevron U.S.A. Inc. as a defendant, while retaining all other defendants.

On October 7, 2013, the defendants moved to dismiss the amended complaint, arguing that the court lacked subject matter jurisdiction over the state law claim and that the RCRA claim failed to adequately and sufficiently allege the existence of an “imminent and substantial endangerment.” The defendants alternatively argued that the court should abstain from hearing Count 1 of the complaint because the relief sought could be obtained under the Illinois Environmental Protection Act in an administrative proceeding in front of the Illinois Pollution Control Board.

On February 21, 2014, Judge Feinerman denied the motion to dismiss, finding that the complaint sufficiently alleged the threat of future harm, as it was plausible that contaminated subsurface water would migrate to the surface through the portions of the station uncovered by asphalt or through adjacent properties.

After this decision, the parties agreed to a private settlement agreement that is not publically available. On April 15, 2015, the parties jointly filed a stipulation of dismissal of the action with prejudice. On April 23, 2015, the court granted the dismissal and retained jurisdiction to enforce the terms of the agreement. As of July, 20, 2018, the case is ongoing for settlement purposes.

Jake Parker - 07/20/2018


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Issues and Causes of Action
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Issues
General
Sanitation / living conditions
Plaintiff Type
City/County Plaintiff
Causes of Action Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6928 et seq.
Defendant(s) Chevron U.S.A. Inc.
Plaintiff Description The City of Evanston
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Filing Year 2013
Case Ongoing No
Docket(s)
1:13-cv-2106 (N.D. Ill.)
EJ-IL-0001-9000.pdf | Detail
Date: 04/23/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EJ-IL-0001-0001.pdf | Detail
Date: 03/19/2013
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint [ECF# 24]
EJ-IL-0001-0002.pdf | Detail
Date: 08/06/2013
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [ECF# 42] (19 F.Supp.3d 817) (N.D. Ill.)
EJ-IL-0001-0003.pdf | WESTLAW| LEXIS | Detail
Date: 02/21/2014
Source: PACER [Public Access to Court Electronic Records]
Judges Blakey, John Robert (N.D. Ill.)
EJ-IL-0001-9000
Feinerman, Gary Scott (N.D. Ill.)
EJ-IL-0001-0003
Plaintiff's Lawyers Blazer, Michael S. (Illinois)
EJ-IL-0001-9000
Jeep, Jeffery D. (Illinois)
EJ-IL-0001-0002 | EJ-IL-0001-9000
Yu, Thomas S. (Illinois)
EJ-IL-0001-0001 | EJ-IL-0001-9000
Defendant's Lawyers Anaya, William Joseph (Illinois)
EJ-IL-0001-9000
Christie, Robert B. (Illinois)
EJ-IL-0001-9000
Cohn, Matthew E. (Illinois)
EJ-IL-0001-9000
Girardi, Joseph A. (Illinois)
EJ-IL-0001-9000
Grom, Douglas Michael (Illinois)
EJ-IL-0001-9000

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