The 8th Circuit dismissed plaintiffs’ appeal for lack of jurisdiction in In re: Municipal Stormwater Pond Coordinated Litigation on July 19, 2023. The case was brought by multiple Minnesota cities seeking reimbursement of millions of dollars for clean up costs for pavement sealant contamination in municipal stormwater ponds. The defendants included “refiners” who created a product out of coal tar used by “manufacturers” who produced pavement sealants. The cities’ causes of action against the refiners were dismissed by District Court Judge Joan Ericksen as well as most of the claims against the manufacturers. Because some claims remained as to the manufacturers, the cities were unable to take an appeal. The cities’ motion for final judgment against the refiners was denied precluding an immediate appeal. The cities thereafter entered into an agreement to dismiss the manufacturers provided that those claims could be reinstated if the 8th Circuit reversed the dismissals of the refiners. The 8th Circuit found this conditional appeal to be unacceptable and accordingly dismissed the appeal noting that conditional appeals do not create final decisions from which an appeal may be taken. The decision was subject to a dissent from Judge Jane Kelly.
McCollum Crowley attorneys Alexandra Zabinski, Dan Singel, and Robert McCollum represent one of the defendant manufacturers in this litigation.