Judge Allows Exxon Suit Over Zinc-Contaminated Oil to Proceed in Baton Rouge

3 min readSources: Courthouse News, The Verge

A federal judge denied dismissals, letting Exxon’s zinc contamination lawsuit advance in Baton Rouge.

Why it matters: The ruling highlights complex questions of legal duty and liability in energy supply chains, relevant for counsel advising on environmental litigation and compliance in the energy sector.

  • Exxon sued Chevron, TotalEnergies, pipeline operators, and contractors over zinc-contaminated crude oil at its Baton Rouge refinery.
  • The contaminated oil originated from the Anchor Project, producing up to 75,000 barrels daily about 140 miles off Louisiana’s coast.
  • Oil was transported via Amberjack, Mars, LOOP, and LOCAP pipelines before reaching Exxon’s refinery.
  • Judge Nannette Jolivette Brown ruled on June 9, 2024, that industry standards influence the existence of legal duties, allowing the case to proceed.

ExxonMobil filed a lawsuit concerning deliveries of zinc-contaminated crude oil to its Baton Rouge refinery, causing operational issues and damage. On June 9, 2024, U.S. District Judge Nannette Jolivette Brown denied motions to dismiss, allowing the legal action to advance.

The zinc-contaminated crude came from the Anchor Project, an offshore oil operation run by Chevron and TotalEnergies about 140 miles south of Louisiana. This deepwater field is slated to produce up to 75,000 barrels per day, according to court filings.

Before reaching Exxon’s Baton Rouge refinery, the oil moved through several pipeline systems, including Amberjack, Mars, the LOOP, and LOCAP lines. Exxon’s complaint names multiple defendants such as oil producers, pipeline operators, and service contractors, including Halliburton Energy Services and OneSubsea.

Exxon’s Baton Rouge refinery is one of the largest in the nation, with a refining capacity near 540,000 barrels per day as of 2020, intensifying the impact of any disruption due to contaminated inputs.

Judge Brown’s ruling emphasized that industry standards and practices are key to defining "legal duty," a central issue in whether defendants owed a responsibility to prevent contamination. She related this to established precedents affecting supply chain liability and contractual obligations.

The court docket available at PACER confirms ongoing litigation activity since the ruling, which marks a significant development in addressing environmental and contractual disputes in energy supply chains.

By the numbers:

  • 75,000 barrels per day — projected production from the Anchor Project offshore Louisiana
  • 540,000 barrels per day — refining capacity of Exxon’s Baton Rouge refinery as of 2020
  • June 9, 2024 — date Judge Brown denied dismissal motions allowing lawsuit to proceed

What's next: The case will proceed to discovery, where parties will examine evidence related to contamination and industry standards governing liability. Further court hearings are expected throughout 2024.