A national energy company purchased a refinery in 2004 under an agreement that allocated known environmental liabilities between buyer and seller. In 2009, a significant environmental contamination problem was discovered, resulting in putative class action claims being filed against the client.
Faegre Baker Daniels defeated the class claims and initiated a suit against the former owner and operator for contractual indemnity and statutory contribution. The state then pursued damage claims against both the client and the former operator, which the energy company was able to settle, resulting in alignment of client’s and state’s claims against the former operator. The case is currently ongoing.