Judge Throws Out Request To Dismiss Northport Oil Spill Lawsuit

NORTHPORT, AL — A federal judge has denied a request by two Tuscaloosa County companies seeking to have a lawsuit dismissed that holds them accountable for a Northport oil spill near several homes and an elementary school.

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On Monday, U.S. District Judge R. David Proctor threw out the dismissal request made by Burgess Equipment Repair of Northport and Delta Oil Services of Tuscaloosa. The two companies are listed as defendants on the federal lawsuit, which was filed by Pro-Built Development, LLC — who owns property around the spill site in Huntington Gardens.

Proctor then set a pretrial conference for the two sides on Monday, March 21.

The two companies at the center of the controversy argue that the accusations connected to the petroleum and chemical spill involve "wholly past conduct," which Burgess' attorneys claim have been addressed since coming to light following Patch's reporting on the spill and the subsequent criminal investigation that was made public in the story's aftermath.

While a separate class action lawsuit has been filed in Tuscaloosa County Circuit Court by residents of nearby Huntington Gardens, the federal suit alleges that much of the oil and solvents identified came from two Delta Oil tanker trucks parked at the edge of the Burgess Equipment property line adjacent to 20 acres owned by Pro-Built Development off of Mitt Lary Road in Northport.

An independent investigation by Tuscaloosa Patch also confirmed visible oil sheens and noticeable chemical fumes in and around the streams behind the business and in close proximity to Palmetto Street. Court documents have also revealed that Delta Oil is suspected of other violations and spills at its sites in Cottondale and Adger.

It's important to point out that these smaller water sources impacted by the spill feed into nearby Carroll's Creek, which is a primary tributary for Lake Tuscaloosa — the source of drinking water for tens of thousands, including the City of Tuscaloosa and Northport.

Oil booms were initially put out to mitigate the potential spreading of hazardous chemicals and the company paid for a site clean-up almost immediately after the story went public. However, residents continue to argue that these measures do little in reversing the years of likely contamination that is just now being understood and addressed.

The longstanding issues were what first prompted the property owner and local residents to sue the two companies, alleging flagrant violations of the federal Clean Water Act.

As Patch previously reported, all parties agreed that the case will be ready for trial no sooner than March 2023.

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