CERCLA’s Petroleum Exclusion Creates Fact Questions About ‘Covered Persons’ Status

(April 8, 2024, 3:21 PM EDT) -- EAST ST. LOUIS, Ill. — The question of whether three oil companies are “covered persons” under the Comprehensive Environmental, Response, Compensation, and Liability Act cannot be decided at this stage because the companies’ potential liability may be barred by CERCLA’s petroleum exclusion, an Illinois federal judge found in partly denying partial summary judgment to the operator of a refinery where contamination has been identified....