S.D. Petroleum Release Compensation Fund v. BP plcAnnotate this Case
The circuit court affirmed the circuit court's grant of summary judgment in favor of BP plc on all claims brought against it by the State and the South Dakota Petroleum Release Compensation Fund, holding that the circuit court did not err in dismissing the Fund's claims.
In its complaint, the Fund sought to recover payments made to BP's predecessor and subsidiary companies (collectively, BP) for the costs of cleaning up environmental contamination from underground petroleum storage tanks (UST) at twenty-seven sites in South Dakota. The circuit court granted summary judgment for BP on all claims. The Supreme Court affirmed, holding that the circuit court (1) did not err in granting summary judgment on the Fund's claims for recovery of monies paid to BP for cleanup costs at twenty-seven UST sites; (2) did not err in granting summary judgment on the nineteen indirect claims against BP; and (3) did not err in denying the Fund's motion for sanctions.