In court filings this week, a lawyer for Williams Alaska Petroleum Inc. raised questions about the validity of the lawsuit and asked for proof that dozens of private wells are contaminated with sulfolane, a chemical used in the oil refining process.
The Tulsa-based energy corporation admits that chemicals were spilled within the boundaries of the refinery but says it lacks sufficient information to accept blame for chemicals that may have leached off site.
Claims against Williams are barred by the company’s compliance with all applicable state and federal laws and orders, the company stated in the documents.
“Williams denies Plaintiffs’ allegations that it negligently released hazardous substances, which ultimately contaminated the ground water surrounding the North Pole refinery,” the court papers state.
Williams filed the 11 pages at the Rabinowitz Courthouse on Wednesday in response to a lawsuit involving Williams and Flint Hills Resources, the Wichita-based refining and chemicals company that bought the refinery in 2004.
James West, one of the affected property owners, filed a lawsuit in January, alleging Williams and Flint Hills are responsible for damage to the water supply, property values and health.
West is asking for more than $100,000, and his lawyer is seeking to broaden the case into a class action lawsuit.
Williams stated that West is not entitled to damages based on speculative injuries that might occur in the future.
The company also placed some blame on West either for “causing or exacerbating the alleged contamination” or for “failing to take action to mitigate the alleged contamination,” court documents state.
The oil giant questioned whether residents in North Pole knew of the contamination before last fall.
Williams is asking Superior Court Judge Mike McConahy to dismiss the lawsuit and award it compensation for attorneys fees.
The company is represented by two law firms, the Anchorage law firm of Tindall Bennett & Shoup and a Dallas-based law firm by the name of Conner & Winters.
Jason Weiner of Weiner & Gazewood in Fairbanks is representing West.
None of the attorneys involved in the lawsuit on either side could be reached Friday.
Flint Hills’ response to the lawsuit is pending. The company announced the contamination last fall and has been working with property owners to test wells and determine how widely the sulfolane has spread. An investigation by the Alaska Department of Environmental Conservation is also underway.
Trace amounts of sulfolane have been detected in the North Pole municipal water system, although officials say the chemical is being washed out through the water treatment process.
The health effects of sulfolane are unclear but a federal agency has set acceptable limits in drinking water that are below levels found in some private wells.
Flint Hills has been providing bottled water to property owners. A spokesman for the company has said Flint Hills is seeking a long-term solution to make sure its neighbors have safe drinking water into the future.
Right?
Accountability is for the little guys, like you and I.
Mr. West's attorney's name is Jason Weiner and his telephone number is 452-5196.
It is not all Williams fault, much of it lies in the pockets of MAPCO.
BUT, WHAT DOES THE BUY OUT STATE R; MAPCO ET AL????
Wow! That's just disgusting. I don't even know what to say about that. Isn't it their job to "mitigate the..contamination" not the property owners? Until November I had never even heard of Sulfolane so how in the world was I supposed to know to test for it in our well water? Williams Petroleum Alaska, Inc. = Pure Evil!!! Good to know that a human life means nothing compared to their big fat bank accounts.
And, I'd point out, this is why we, the people of the State, need a DEC that will functionas a watchdog for the citizens' interests, rather than a protector of 'development interests'.
Flint Hills/williams/Mapco, as much as I hold them in esteem, aren't the only ones out there. There have been stories of leaks and other concerns for as long as the site has been in use.
Also, I dont remember all of the specifics, but at one time there was an issue with a tank that was erected out at the refinrery site only to be suddenly torn down due to leaks.
One thing is for sure, Williams didn't get to where they are by being dumb. Alaska Attorneys had better pack a lunch.
I won't spash it across the comment section of the news miner.
I DON'T WANT ANYONE FROM WILLIAMS TRYING TO CONTACT ME...
The immediate denial does not inspire trust in their words. Rather it confirms guilt in my mind. This will be a long process, I wonder if PG&E will help them come to their senses?
Probably be a good idea for somebody to start ordering the water and sewer pipe for a treated water system for miles around the North Pole refinery.
arrogant is because they seen how exxon valdez
made out like a bandit in our facist supreme
court and realized they have nothing top fear
from our republican appointed judges.
No, junior, I think that was you just now who did that...
If the law has been broken and Williams is found negligent, they should pay damages and fines.
I'm sure that's of great comfort to those around the refinery, Invictus. I hope those folks are ready to lawyer up!
Of course, plop rolls downhill; therefore, suggest choosing not to live downhill. BTW, no one in North Pole should be drinking untreated well water. That was known as bad water decades ago.
Translation: Getting poisoned by the refinery is your own fault.