Shell Oil Co. v. Lovold Co.

ON PETITION TO TRANSFER

BOEHM, Justice.

This case, like Shell Oil Co. v. Meyer, 705 N.E.2d 962 (Ind.1998), also decided today, deals with the liability of refiners under the Indiana Underground Storage Tank Act (the “Act”). In Meyer we held that a refiner is not an “operator” of the USTs at a retail gasoline station and therefore not liable for costs of corrective action from leaks in the tanks, merely because the refiner’s brand creates practical leverage over the station’s owner and operator. Because this case is before the Court on Shell’s Motion for Summary Judgment, Shell is required to…