When is a carcinogenic chemical equal to earthworms? When property law is involved, of course!
Put aside for a moment the fact that there are federal Clean Water Act and Resource Conservation and Recovery Act (RCRA) claims possible here. The case here seeks damages for homeowners whose property values dropped. Homeowners argue that the property value drop is tied to publicity surrounding benzene pollution by Shell Oil. Shell Oil argues that the drop was caused by other forces, including the Great Recession.
The 7th Circuit Court of Appeals (IL and other Midwest states) substantively held that the benzene pollution is akin to other undesirable features common in the ground of everyone's homes like insects and worms. A key fact leading to this ruling is that the drinking water for the affected class comes from an unpolluted source not threatened by the benzene. Had the drinking water itself been polluted, the court opines that the connection might be strong enough to support damages.
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