ST. CROIX — Residents and businesses affected by the series of pollution incidents at the Limetree Bay Refinery in 2021 have until November 3 to file claims for compensation under seven proposed settlements totaling $59.795 million, following preliminary approval by the U.S. District Court of the Virgin Islands.
The agreements, reached with several companies involved in the refinery's ownership, financing and operations, seek to resolve claims arising from incidents that allegedly exposed surrounding communities to hazardous chemicals, oil droplets, gases and other pollutants during the facility's troubled restart five years ago.
The settlements cover claims involving property damage, contaminated water cisterns, economic losses, physical and emotional health effects, and other expenses attributed to the incidents. Eligible residents must submit claims to receive compensation, and the amount each claimant may recover will depend on the documented harm and the total number of approved claims.
The federal court granted preliminary approval to the settlements on August 27, 2026. U.S. District Judge Mark A. Kearney subsequently issued an amended approval order on September 8, establishing a unified process for administering the agreements and setting December 14 for a hearing to determine whether they should receive final approval.
The claims process opened September 10, and the deadline to participate is approaching. Residents who wish to exclude themselves from the settlements or formally object to their terms face an earlier deadline of October 27.
Seven Agreements Total Nearly $60 Million
The $59.795 million settlement fund combines agreements involving several of the principal companies associated with the refinery and contractors that worked at the facility.
An earlier $17.5 million settlement involved ArcLight Capital Partners and related entities, along with Freepoint Commodities. A separate settlement with Pinnacle Services provides $550,000.
Four additional contractor settlements involving Universal Plant Services (VI), Excel Construction and Maintenance VI, Versa Integrity Group and Elite Turnaround Specialists collectively provide $6.745 million.
The largest additional agreement, totaling $35 million, involves EIG Global Energy Partners, Limetree Bay Ventures and Limetree Bay Energy.
The combined settlements followed extensive negotiations and mediation in federal court. The defendants entering the agreements deny wrongdoing and liability, and the settlements do not constitute a judicial determination that they were responsible for the alleged injuries.
The agreements do not resolve the entire litigation. Claims against defendants that have not settled remain active.
Who Qualifies for Compensation
The settlement class includes individuals and entities that owned or rented real or personal property within a defined area of western St. Croix on or after February 3, 2021.
It also includes people who resided, worked, operated businesses or were present in that area between February 3 and May 26, 2021, subject to the terms of the settlement agreements.
The affected geographic area extends across the western portion of St. Croix, bounded on the east by longitude 64.74 degrees west and extending to the sea. The official settlement website provides a map identifying the area, including three designated zones.
Membership in the settlement class does not automatically guarantee compensation. Individuals seeking payment must submit claims describing harm connected to the refinery incidents.
The eligible categories include damage to homes, buildings, vehicles and other property; contamination of cisterns; nuisance and trespass claims; economic losses; physical or emotional health effects; and qualifying out-of-pocket expenses that were not reimbursed.
Claimants may be required to provide supporting documentation, including proof of identity, property ownership or occupancy, receipts and records of expenses associated with the reported damage.
The settlement administrator will evaluate claims using a points-based formula. The amount payable for each approved claim will depend on the points assigned and the total points awarded across all eligible claims.
As a result, the $59.795 million figure represents the gross settlement fund, not the amount that will be distributed directly to residents. No fixed individual payment amount has been established.
Attorneys Seek Nearly $24 Million in Fees and Expenses
In a September 22 filing, attorneys representing the settlement class asked the federal court to approve $19,931,667 in legal fees, equivalent to approximately one-third of the gross settlement fund.
They also requested reimbursement of $3,614,041.43 in litigation expenses, bringing the combined request for fees and expenses to approximately $23.55 million.
The attorneys are additionally seeking service awards of $5,000 for each approved class representative.
All of these payments would come from the settlement fund, subject to judicial approval. Settlement administration expenses would also be deducted before the remaining proceeds are distributed to eligible claimants.
The court has not yet ruled on the requested fees and expenses. Those requests are among the matters expected to be considered as the settlement proceedings move toward final approval.
Under the agreements, the remaining money will not be returned to the settling defendants if the settlements become final.
Five Years After Refinery Pollution Incidents
The lawsuits stem from a series of incidents during the refinery's short-lived return to operations in 2021.
The litigation identifies February 4, April 23, May 5 and May 12 as dates of releases associated with the facility. Plaintiffs allege that the incidents exposed surrounding communities to hazardous substances and caused widespread property damage, health complaints and financial losses.
The most widely documented incident occurred May 12, 2021, when a major malfunction sent smoke and oil droplets west of the refinery, affecting nearby communities and prompting warnings about possible contamination of household cisterns.
At the time, V.I. Consortium reported that residents in Enfield Green and surrounding areas were instructed not to consume water from affected cisterns.
On May 14, the Environmental Protection Agency invoked its emergency authority under the Clean Air Act and ordered refinery operations halted because of repeated incidents that it determined posed an imminent risk to public health.
The refinery subsequently abandoned its restart plans and entered Chapter 11 bankruptcy proceedings in July 2021.
Litigation over the incidents continued, including disputes involving the provision of drinking water to affected residents and the responsibility of different companies connected to the refinery.
Some residents had previously entered individual agreements concerning cleanup, water distribution or compensation following the May 12 incident. Those earlier arrangements are separate from the current class action settlements, and individuals who signed releases should seek clarification about how their agreements may affect eligibility or legal rights.
The current settlements follow years of litigation involving extensive discovery, disputes over responsibility for the releases, insurance coverage and the refinery's bankruptcy.
How Residents Can Submit Claims
Eligible individuals can submit claims through the official settlement website, www.LimetreeBaySettlement.com.
The website contains the claim form, geographic eligibility map, payment formula and instructions for submitting supporting documentation.
Residents who received notices by mail may use the identification information included in those notices to access the online filing system. Those who believe they qualify but did not receive a notice can contact the settlement administrator for assistance.
Claims can also be submitted using a completed paper form by mail or according to the administrator's published instructions.
The settlement administrator is accepting claims at:
Limetree Bay Settlement Administrator
P.O. Box 2420
Portland, OR 97208-2420
Residents can call 1-888-859-9973 or email [email protected] for assistance.
In-person assistance is also available at locations in Whim, Frederiksted, and the Five Corners area of Christiansted, with operating hours published on the settlement website.
An adult may submit a claim covering a spouse and minor children, but other adult family members generally must submit their own claims.
Residents have until November 3 to file. Those who wish to preserve any individual right to sue the settling defendants over the claims being resolved must submit a signed exclusion request postmarked by October 27.
Residents may also object to the settlements by October 27 while remaining eligible to submit compensation claims.
If the settlements receive final approval, class members who do not exclude themselves will generally be bound by the agreements and will give up the right to pursue the released claims against the settling parties, even if they do not submit a compensation claim.
When Will Residents Receive Payments
Judge Kearney has scheduled the final approval hearing for December 14, 2026, at 9:30 a.m. in the District Court of the Virgin Islands on St. Croix.
The court will determine whether the proposed settlements are fair, reasonable and adequate, and consider the requested attorneys' fees, expenses and service awards.
If final approval is granted, payments will not necessarily begin immediately. Under the settlement terms, distribution is expected within 120 days after the agreements become final and the period for appeals has expired or any appeals have been resolved.
Approved claimants may select from available payment methods, including mailed checks, direct bank transfers and certain electronic payment services.
The November 3 filing deadline remains in effect even though the final approval hearing will not take place until December. Claimants who submit incomplete applications may receive an opportunity to correct deficiencies, but the settlement administrator is not required to accept otherwise untimely claims.
The settlement website and administrator's toll-free number remain the official sources for filing instructions and updates on the proceedings.
