Shell Plant Emissions Spark Class Action Lawsuit

Case Overview: A class action lawsuit has been filed against Shell, alleging that its ethylene cracker plant in Pennsylvania, releases noxious odors, dust, and light pollution, causing significant property damage and health issues for nearby residents.

Consumers Affected: Residents within a two-mile radius of Shell's ethylene cracker plant in Monaca, Pennsylvania.

Court: U.S. District Court for the Western District of Pennsylvania

Shell has been hit with a lawsuit for releasing noxious odors, dust, and light pollution from its ethylene cracker plant in Beaver, Pennsylvania, filed by a local resident who claims the emissions have made living in his own home unbearable. 

John Flynn, who lives near Shell's plant in Monaca, filed the proposed class action lawsuit to represent himself and others within a two-mile radius of the facility, alleging that the company’s emissions have caused significant property damage and health issues, and it accuses Shell of negligence, nuisance, and trespass.

Lawsuit Claims Shell Plant Emissions Make Life Unbearable For Residents

Flynn says in the lawsuit that he has lived in his home on Evergreen Circle for several years. But since Shell’s plant began operations, he says the quality of life in the area has dramatically worsened. 

“I cannot sit on my patio without the smell or noise from this plant. It sounds like a freight train 24 hours a day,” he said, also describing a bright glow that appears at night and severe odors that have given him headaches. Flynn alleges that these emissions interfere with his ability to enjoy his property and have diminished its value.

Flynn’s complaints echo those of other residents in the area, according to the lawsuit. Lloyd and Karen Grimes, neighbors, report "a strong chemical smell" and constant noise. They also mentioned "annoying flashing lights all night long" and "large fire flare-ups." 

Another local couple, Verlenee and Antoine Horton, are quoted in the lawsuit that they “can’t sit outside and enjoy watching TV on the patio” because of the plant's emissions. Meanwhile, Milton Elder noted that dust from the plant had forced him to keep his windows shut and clean constantly. He added, “I can’t even sit on my porch or garden anymore."

What Is an Ethylene Cracker Plant and How Does It Pollute?

Shell’s ethylene cracker plant in Monaca is a petrochemical facility that breaks down ethane, a byproduct of shale gas, into ethylene. Ethylene is a crucial component in the production of plastics, adhesives, and other synthetic materials. 

The process involves heating ethane to extremely high temperatures, causing molecular bonds to break and produce ethylene. However, the industrial process also creates significant waste, such as ethylene cracker residue, which is a thick, smelly liquid. Additionally, the plant burns off excess gases during operational upsets, causing visible flares and releasing more pollutants into the air.

Shell Accused of Violating Environmental Laws, Ignoring Community Concerns

Flynn’s lawsuit claims that Shell failed to maintain proper control over its emissions, allowing noxious odors, dust, and light pollution to invade surrounding residential areas. Pennsylvania law requires industrial facilities to ensure that emissions do not affect neighboring properties, but Shell has allegedly violated these regulations repeatedly.

According to Flynn, the company has not installed or maintained the necessary technology to mitigate the harmful effects of its emissions. He argues that if the plant had been properly operated and maintained, residents would not be dealing with the ongoing pollution that affects their homes and daily lives. 

Shell has been issued numerous Notices of Violation by the Pennsylvania Department of Environmental Protection, and the company entered into a consent decree in May 2023 to address some of the issues. However, the community's frustrations continue, he alleges.

Shell Faces Multiple Lawsuits Over Environmental Damage

The lawsuit is just one in a long line of filings against the petrochemical giant, and the Monaca plant has already been the subject of environmental lawsuits. In November 2022, two environmental groups sued Shell for violating state and federal air quality laws at the same facility.

Shell also faced legal action in Texas after a chemical fire at its Houston facility in May 2023 burned for nearly three days. The state filed a civil lawsuit against Shell, accusing the company of causing environmental damage through airborne contaminants and waste that flowed into nearby waterways as a result of the fire.

The oil giant has also been embroiled in high-profile legal challenges around the world. In 2023, California sued major oil companies, including Shell, for misleading the public about the environmental impact of fossil fuels. Shell is also facing a lawsuits from over 13,000 residents in the Niger Delta for years of oil spills that have devastated their region.

Flynn is seeking to represent all homeowners, occupants, or renters within two miles of Shell’s ethylene cracker plant, which he said could include over 3,000 homes. He is suing for negligence, private nuisance, public nuisance, and trespass by fugitive dust. He is asking for injunctive relief, as well as damages, fees, and interest.

Case Details

• Lawsuit: Flynn v. Shell Chemical Appalachia, LLC
• Case Number: 2:24-CV-00193-MJH
• Court: U.S. District Court for the Western District of Pennsylvania 

Plaintiffs' Attorneys

• Steven D. Liddle, Laura L. Sheets, and Matthew Z. Robb (Liddle Sheets P.C.)
• James E. DePasquale 

Have you experienced the effects of pollution from industrial facilities? Share your thoughts and experiences in the comments below.