Toxic Torts Administrative Agency Energy & Utilities

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The Clean Water Act - Is groundwater included?

There has been much controversy in the courts as to whether groundwater can be defined as “navigable waters” under the Clean Water Act. Courts are split on this decision, with equal numbers of rulings on both sides. One...more

EPA Issues Proposed Rule to Significantly Reduce Carbon Dioxide Emissions

Summer has kicked off with a regulatory push by the United States Environmental Protection Agency (EPA). This alert briefly addresses two recent EPA rulemakings....more

Toxic Tort and Environmental Law Update: January 2013 - New Jersey Supreme Court Clarifies Requisite Nexus for Liability Under...

In New Jersey Dept. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme Court held that the New Jersey Department of Environmental Protection (NJDEP) must establish, by a preponderance of the...more

"BP's Settlement With DOJ: Lessons Learned Within the Congressional Investigations Arena"

On November 15, 2012, the U.S. Department of Justice announced that BP Exploration and Production Inc. (BP) has agreed to plead guilty to a 14-count criminal information and pay a record $4 billion in criminal fines and...more

DISPUTE RESOLUTION: Tort Litigation: FERC Denies Marcellus Shale Natural Gas Radon Lung Cancer Risk Claim by Ralph H. Johnson

The Federal Energy Regulatory Commission (FERC) recently rejected claims that radon in Marcellus Shale natural gas would lead to thousands of lung cancer deaths. These claims arose from FERC’s May 21, 2012 grant of a...more

Governor Quinn Signs Bill That Will Result In Illinois Following Federal Air Regulations

http://illinoisenvironmentallaw.com/uncategorized/governor-quinn-signs-bill-that-will-result-in-illinois-following-federal-air-regulations/ Illinois Governor Pat Quinn recently signed a bill passed in the General Assembly,...more

McAfee & Taft RegLINC - April 2012: Gulf spill update – air issues by Chris Paul

In the year following the Gulf of Mexico oil spill, research scientists have concluded that all methane from the spill was metabolized by bacteria, resulting in essentially no release of the greenhouse gas to the atmosphere,...more

New Oil Pollution Deskbook Highlights OPA Rules

The second anniversary of the April 20, 2010 Deepwater Horizon oil spill highlights the big legal risks that come from an oil spill, whether at wells such as BP’s Macondo well, or at pipelines, terminals, storage tanks, or on...more

McAfee & Taft RegLINC - April 2012: Storage tanks By Chris Paul

Owners of land on which petroleum underground storage tanks are located are responsible for the cleanup of gasoline released (In re Huntington and Kildare Inc. v. Grannis, N. Y. App. Div., No. 512100, 11/3/11). Huntington and...more

McAfee & Taft RegLINC - April 2012: Halliburton evidence on Deepwater Horizon

BP accused Halliburton of destroying evidence that could be important in the litigation over responsibility for the Deepwater Horizon oil spill (In re: Oil Spill, E.D. La., No. 2:10-md-2179, 12/5/11). BP questioned whether a...more

Is Fracking Safe? [Video]

From landowners to environmentalists, there is a great deal of concern over the potential impacts of hydraulic fracturing to groundwater; the water that many of us drink. When we consider several geologic factors in...more

Drilling into Hydraulic Fracturing and Shale Gas Development

The paper discusses the existing federal laws and regulations and proposed federal laws which apply to hydraulic fracturing activities as well as current studies and enforcement actions concerning the same. The paper also...more

Gulf Spill's LI Impact

Clearly, British Petroleum should pay the cost of cleaning up the oil spill, and our government should investigate what caused this occurrence so as to prevent future calamities. However, even if oil will not be splashing...more

BP Deepwater Horizon update: operation static kill By Mary Ellen Ternes

As of this writing, the April 20, 2010, BP Deepwater Horizon explosion and subsequent oil spill in the Gulf of Mexico appears to be contained and well sealed. After several failed attempts to cap the 5,000-foot deep well, BP...more

Before and After Kingston: A Coal Ash Litigation Update

As reported in previous Dinsmore & Shohl Legal Alerts, the December 2008 breach of a coal ash impoundment at the Tennessee Valley Authority's facility in Kingston, Tennessee resulted in the spill of over 5 million cubic yards...more

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