Shell Defendants Seek Interlocutory Appeal of Order Allowing Roxana Benzene Contamination Claims to Proceed

EAST ST. LOUIS, Ill. –– Shell defendants have asked an Illinois federal court to certify its recent order –– which allowed benzene contamination claims asserted by the Village of Roxana to proceed –– for interlocutory appeal, saying that the questions of law are controlling.

In their Sept. 19 motion filed in the U.S. District Court for the Southern District of Illinois, the defendants specifically seek certification on two questions: whether the Village of Roxana’s Municipal Ordinance §8.16.010 Violation claims are preempted and whether §8.16.010 applies to the ordinance claims.

“Here, these legal questions, if decided in Shell’s favor, will …