Myovi Says Baseline Reports and Excavation Records Show Pre-Closing Contamination

Myovi's counsel told the court that consultants reviewing historical data concluded that a major event — a line rupture and excavation of contaminated soil — produced a migratory contamination plume consistent with baseline reports. Counsel summarized excavation-related remediation details in the record, saying the reports disclose an excavation of roughly 400 tons of contaminated soil and long-running soil‑vapor extraction that removed about 600 gallons of fuel.

Opposing counsel countered that groundwater contamination was not identified in the baseline reports and that much of the contamination Myovi says is recoverable was discovered during or after excavations in 2018–2020. The bench and counsel debated whether those factual disputes should be resolved at the trial level rather than in interlocutory appellate review.