Gold Cup Springs Jet Fuel Contamination
Richardson, Patrick, Westbrook & Brickman successfully certified one of the few class actions against the Federal Government under the Federal Tort Claims Act for property damage to a large subdivision caused groundwater contamination by aviation fuel. The residents lived adjacent to a large jet fuel and distribution facility owned and operated by the Federal Government in Hanahan, South Carolina. Despite opposition to class certification by the Government and argument that class action should not be certified because the FTCA requires that all claimants file an administrative claim before they may bring suit, the District Court certified the class of property owners, residents, and former property owners. RPWB was able to settle the classes claims against the Government and other defendants and compensate the class members for their losses. See Bates v. Tenco Services, Inc., 132 F.R.D. 160 (D.S.C. 1990).
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