Judge Drains Limetree Water Denial Bid

Former operators of the St. Croix oil refinery tried to back out of supplying water to people whose cisterns were poisoned with toxic emissions from the petroleum plant two years ago. It took District Court Judge Wilma Lewis less than a week to deny the appeal.

In May, Lewis ordered Limetree Bay Terminals to supply water to those who relied solely on cistern water in the vicinity of the oil sprays in 2021. In June, she added detail to the order, designating 34 neighborhoods west of the refinery as potential water recipients.

Attorneys for Limetree Bay, now known as Ocean Point Terminals, argued on Aug. 8 that giving water to people whose homes were coated with oil four times from February to May 2021 was too much of a financial burden for the company and would further public fear of contamination. They also said definitive proof was lacking that the oil spray caused harm. They also said now that the company no longer owns the refinery and has changed its name, distributing water would harm Ocean Point’s reputation.

“Plaintiffs have not provided any evidence that the properties of the thousands of unnamed residents have been contaminated with petroleum hydrocarbons released by the refinery or that any alleged contamination has caused cistern water to be unusable,” Limetree attorneys wrote in court filings. “Despite a sheer lack of any evidence of contamination and despite not having control over the refinery, or the flare from which the releases emitted, Terminals is now being required to establish a Water Distribution Program through which eligible residents are entitled to up to 12 gallons of water per day per household, with a maximum amount per household of 84 gallons of water per week.”