CITY OF NEODESHA v. BP CORP. NORTH AMERICA

No. 109,111.

334 P.3d 830 (2014)

CITY OF NEODESHA, Kansas, Individually and as Representative of Those Persons and Entities Similarly Situated, Appellants, v. BP CORPORATION NORTH AMERICA, INCORPORATED, f/k/a BP Amoco Corporation, et al., Appellees.

Court of Appeals of Kansas.

August 22, 2014.


Attorney(s) appearing for the Case

David W. Edgar , of Edgar Law Firm LLC, of Denver, Colorado, John M. Edgar , John F. Edgar , and Matthew J. Limoli , of Kansas City, Missouri, and James P. Frickleton , of Bartimus, Frickleton, Robertson & Gorny, P.C., of Leawood, for appellants.

Richard C. Hite , Arthur S. Chalmers , and F. James Robinson, Jr. , of Hite, Fanning & Honeyman, L.L.P., of Wichita, and Richard C. Godfrey , Andrew B. Bloomer , Catherine L. Fitzpatrick , Michael Chu , and Megan M. New , of Kirkland & Ellis, LLP, of Chicago, Illinois, for appellees.

Before HILL, P.J., ATCHESON and BRUNS, JJ.


HILL, J.

Everything in our world moves. This means the pollutants and poisons produced by a century of oil refining rarely stay in one place, safely secured in some snug unseen underground cell. Instead, such noxious compounds slowly migrate, leaching from one substratum to another. No neighbor is safe from this march of toxins. These moving subsurface fields of pollution, euphemistically called "plumes" by some, are dangerous for these feathers are toxic.

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