For Immediate Release
September 3, 2013
Evan J. Mulholland, Assistant Attorney General
Attorney General Joseph Foster announced today that his office has filed a lawsuit against Shell Oil Company. The petition filed in Merrimack County Superior Court alleges that over the past twenty-five years, State's Oil Discharge and Disposal Cleanup Fund (the "ODD Fund"), paid over $2.4 million for clean-ups at Shell's historically-owned sites, clean-ups for which Shell should have been financially responsible under State law.
The ODD Fund was established by legislation in 1988 to provide a source of funds for the cleanup of discharges of oil from underground and bulk storage tanks. The ODD Fund serves as excess insurance and reimburses tank owners for their cleanup costs to the extent the costs exceed any available insurance coverage. The ODD Fund is funded by a fee imposed on all imported oil.
The lawsuit filed today asks that the court find Shell liable and order Shell to return the money and pay interest, costs, and other damages to New Hampshire.
A link to a copy of the lawsuit filed in the Merrimack County Superior Court is below.
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