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MSOF Corp. v. Exxon Corp.

295 F.3d 485 (2002)

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MSOF Corp. v. Exxon Corp.

United States Court of Appeals for the Fifth Circuit
295 F.3d 485 (2002)

  • Written by Tanya Munson, JD

Facts

MSOF Corporation (MSOF) (plaintiff) owned land in the Devil’s Swamp region of East Baton Rouge, Louisiana. Petro Processors of Louisiana, Inc. (PPI) (defendant) was the owner and operator of two hazardous-waste disposal facilities in the Devil’s Swamp region, approximately three miles north of MSOF’s property. In 1980, the United States Department of Justice sued PPI under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In 1984, a consent decree was entered that required remediation of the PPI facility and that the site be monitored for 30 years after remediation under the supervision and jurisdiction of the district court. In 1994, MSOF filed suit against PPI, alleging that toxic chemicals from the PPI facility had contaminated their property. MSOF alleged negligent and strict-liability torts under state law. PPI argued that MSOF was seeking relief under CERCLA. PPI removed the case to federal district court, and MSOF filed a motion to remand, asserting that the district court did not have jurisdiction. The trial court denied the motion to remand on the grounds that MSOF asserted a claim under CERCLA, and therefore federal jurisdiction existed.

Rule of Law

Issue

Holding and Reasoning (Garwood, J.)

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