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On January 13, 2003, DLE attorneys, Phil
Zisook, Brian
Saucier and Karen Mack prevailed in the Appellate Court of Illinois, Second
District, where, as Special Assistant Attorneys Generals, they represented
the Illinois State Toll Highway Authority against Amoco Oil Company and
Mobil Oil Corporation. DLE environmental partner, Kenneth
Funk provided
assistance and consultation throughout the appeal.
The appeal concerned who bore responsibility for remediating petroleum
contamination at various toll highway oasis sites where Amoco and Mobil
operated gasoline stations from 1957 to 1985 and from 1985 to the present
time, respectively.
The Toll Highway Authority sought a declaration from the court that Mobil
and Amoco were required under their leases and operating agreements to indemnify
the Authority for past and future costs associated with remediation and
to cooperate with State authorities until remediation was complete. The
Authority also sought contribution from the oil companies under the Illinois
Joint Tortfeasors Contribution Act for their pro-rata share of all remediation
costs. The court’s holding is significant because it clarifies that
parties can file Contribution Act cases regarding environmental contamination
regardless of whether they were first sued by the Illinois Environmental
Protection Agency or any third party. The court further clarified that pursuant
to the Authority’s claims, a trial court could determine a percentage
of fault relative to the acts of contamination and therefore determine liability
for future remediation costs. Accordingly, the court held that the Authority’s
Complaint properly stated causes of action for declaratory relief and contribution
and reversed the decision of the trial court which dismissed the Complaint.
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