MCBB Wins Summary Judgment in Underground Storage Tank Act Litigation


On November 3, 2016, MCBB won summary judgment for its clients, the Defendants in a lawsuit captioned State of Utah v. BP plc, et al. (Utah 3d. Dist.).  The case arose from the Defendants’ remediation of underground storage tanks (USTs) at petroleum facilities statewide over the course of several decades, using funds from the State of Utah’s UST Fund.  The State, represented by outside Plaintiffs’ counsel, alleged that the Defendants “double-dipped” by wrongfully accepting money from the UST Fund when they allegedly had insurance coverage for UST remediation.  The State pursued multiple fraud-based and statutory claims, seeking to claw back reimbursements allegedly paid to Defendants for UST remediation over a nearly 30-year period.  Defendants, in turn, denied all liability on the basis that they never had coverage for UST remediation, and never made any false statement to the UST Fund.  On July 22, 2016, following nearly 4 years of hard-fought litigation, the Court granted partial summary judgment in Defendants’ favor on Plaintiff’s core claims.  On November 3, 2016, it granted summary judgment in favor of Defendants on the remainder of the case, resulting in a complete defense victory.