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Clean-Up Costs Oil & Gas

Rivkin Radler LLP

What Do You Do if an Oil Tank Is Buried in Your Yard?

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It is not uncommon for Lloyd Harbor residents to have old steel heating oil tanks buried in their yards. Although these underground tanks continue to successfully heat our homes, they do not last forever. They are not...more

Morgan Lewis

Oil Companies Must Pay Nearly $50M to United States for WWII Environmental Pollution Cleanup

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The US District Court for the Central District of California issued an opinion on December 10 in the decades-long fight between the US Environmental Protection Agency and several oil companies over payment of the United...more

Allen Matkins

California Environmental Law & Policy Update - May 2020 #5

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States sue over rollback of fuel efficiency standards - Bullet The San Diego Union-Tribune – May 27 - California, joined by nearly two dozen other states, the District of Columbia and the City of Los Angeles, on...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2020 #3

Industry Expert Insights - We reached out to one of our Lex Mundi partners and a well-known expert in Australia in the energy and legal industries to get her thoughts on the current energy climate. Emma Covacevich is...more

Beveridge & Diamond PC

Court Rejects Umbrella Coverage for Oil Spill Cleanup Costs where Underlying Insurance Requirements were Not Satisfied

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On May 6, 2020, a Montana federal court ruled that an insurer was not obligated to cover $1 million in cleanup costs incurred by an umbrella policyholder after spilling 238 barrels of crude oil and 1,200 barrels of production...more

Holland & Knight LLP

Supreme Court's Landmark Decision Reaffirms Popular Form Safe Berth / Safe Port Clause

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Negotiating a contract, a charter party in maritime parlance, is a balance of leverage and sometimes a leap of faith. Certain issues are more important to companies than others, and for those issues, the language of clauses...more

Blank Rome LLP

U.S. Supreme Court Issues Safe Berth Warranty Decision

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The final decision in the ATHOS I saga has recently been issued by the U.S. Supreme Court, upholding the decision of the U. S. Court of Appeals for the Third Circuit to the effect that a plain reading of the language found in...more

Cozen O'Connor

U.S. Supreme Court Rules Safe Berth Clause is a Warranty

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On March 30, 2020, in Citgo Asphalt Refining Co. v. Fescati Shipping Co., Ltd., the U.S. Supreme Court held that, based on its specific wording, a charter party’s safe-berth clause constituted an express warranty of safety,...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - July 2019 #3

Judge Rules Against Oil Companies to Keep Climate Liability Case in Rhode Island - "The ruling will allow Rhode Island prosecutors to continue to bring charges against 21 oil and gas producers including Chevron, Shell and...more

Perkins Coie

Washington State Legislature Increases Hazardous Substance Tax, Providing Additional Funds to Address Contaminated Sites

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In the waning hours of the 2019 session, the Washington Legislature narrowly passed SB 5993, which increases the tax on petroleum that primarily funds the state’s contaminated site cleanup program, protects the funds from...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Total Petroleum Hydrocarbons Risk Evaluation/Petroleum-Contaminated Sites: Interstate Technology and Regulatory Council Guidance

The Interstate Technology and Regulatory Council (“ITRC”) announced the issuance of a guidance document titled: Total Petroleum Hydrocarbons Risk Evaluation at Petroleum-Contaminated Sites (“Guidance”) - ITRC states...more

Baker Donelson

Unsmooth “Operator” – Fifth Circuit Holds Tug Owner Liable Under OPA as “Operator” of Non-Owned Dumb Oil Barge

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In an important decision of first impression construing the Oil Pollution Act of 1990 (“OPA,” 33 U.S.C. §§2701 et seq.), the Fifth Circuit has held the owner and operator (“Nature’s Way”) of a “dominant mind” tugboat liable...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Petroleum Contamination Litigation: Federal Court Addresses Request for Declaratory Judgment Related to Future Remediation Costs

The U.S. District Court for the District of Oregon (“Court”) addressed a request for declaratory judgment by plaintiff landowners concerning future remedial action costs related to a petroleum release. See Roger Goldingay, v....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Brownfields: U.S. Environmental Protection Agency Awards East Arkansas Planning and Development District $300,000 for Assessments

The United States Environmental Protection Agency (“EPA”) announced in an April 25th news release that it had awarded $300,000 to the East Arkansas Planning and Development District(“East District”). The East District is...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2018 #2

U.S. Agencies Agree to Slash Approval Times for Infrastructure Projects - "More than a dozen federal agencies agreed to slash the time needed for environmental reviews and permitting on major infrastructure projects, a...more

Schwabe, Williamson & Wyatt PC

Do Not Clean, Clean Dirt: Douglass v. Shamrock Paving, Inc.

On December 21, 2017, the Washington Supreme Court issued a decision interpreting the private right of action under Washington’s Model Toxics Control Act (“MTCA”), Douglass v. Shamrock Paving, Inc. The decision analyzes three...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil Spill/Water Enforcement: Mississippi Commission on Environmental Quality and Vicksburg, Mississippi River Barge Operator Enter...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Magnolia Marine Transport (“MMT”) entered into a November 1st Agreed Order (“AO”) addressing alleged violation of a provision of the Mississippi Code addressing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil Spill/Salt Water Disposal Facility: Illinois Attorney General Request for Preliminary Injunction

The Illinois Attorney General (“AG”) filed a Complaint and Motion for Preliminary Injunction against TrueFlo Solutions LLC (“TS”) in White County Circuit Court in Illinois in regards to an oil spill that allegedly...more

Perkins Coie

Environmental Liabilities in Oil & Gas Sales Under Bankruptcy Code Section 363

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Since the beginning of 2015, at least 77 companies in the oil and gas industry have sought bankruptcy relief in the United States. The flow of oil and gas company bankruptcies shows no sign of slowing down and, based on the...more

Pillsbury - Gravel2Gavel Construction & Real...

Texas Court of Appeals Issues Important State Superfund Order

In a “case of first impression,” U.S. Court of Appeals for the Third Circuit,texascapitol sitting in Austin, in TCEQ v. Exxon Mobil Corporation, et al., issued an important decision interpreting the scope of the Texas Solid...more

BakerHostetler

Off the Tracks: Quantifying Potential Monetary Exposure From Crude-by-Rail Incidents

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This article is the second in a three-part series that began with “Off the Tracks: A Data-Driven Analysis of Crude-by-Rail Liability Factors, Exposure, and Potential Solutions,” which was published on December 19, 2015. ...more

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