DETROIT — A federal appeals court has revived a lawsuit over emissions from a Detroit-area oil refinery.
The court says Judge Sean Cox was wrong to dismiss the case based on a three-year limit.
Residents living near the Marathon Petroleum refinery say pollutants have contaminated their properties and threatened their health. Marathon asked the judge to dismiss the lawsuit, citing the statute of limitations and other issues.
Cox agreed, saying he couldn’t determine if the alleged injuries had first occurred less than three years ago. But the appeals court says he got it wrong.
In a 3-0 decision Thursday, the court says each discharge can create a separate claim and anything that happened after late February 2013 is timely.