News & Analysis as of

Deepwater Horizon

Scott Angelle Tapped to Take the Helm of BSEE

by Baker Donelson on

Scott Angelle took over as the Director of the U.S. Department of the Interior’s Bureau of Safety and Environmental Enforcement (BSEE) in Washington, D.C., on Tuesday, May 23. Mr. Angelle is well known to the oil and gas...more

Fifth Circuit To Decide Whether BSEE Can Regulate Contractors Under the Outer Continental Shelf Lands Act

In the wake of the 2010 Deepwater Horizon incident, which involved multiple contractors, the federal government revised its approach to offshore safety and environmental regulation. For the first time, the Bureau of Safety...more

The Deepwater Horizon Catastrophe – 7 Years After

by Zelle LLP on

I recently worked with a client on a presentation concerning the Deepwater Horizon disaster – an epic tragedy in 2010 that claimed the lives of 11 men, injured 17 others and poured 4.9 million barrels of oil into the Gulf of...more

Challenging Limited Issue Class Actions

by Foley & Lardner LLP on

A class action that aggregates the claims of individual plaintiffs against a common defendant can promote judicial economy and maximize efficiency. However, even the pursuit of class certification can promote abuse. In the...more

Blogger-Journalist Protected From Defamation Suit By Anti-SLAPP Statute

Are journalists protected by anti-SLAPP statutes? Until last week, the likely answer would have been: “probably not,” at least in Massachusetts. But that was before Cardno Chemrisk, LLC v. Foytlin, a recent opinion by the...more

Supreme Judicial Court of Massachusetts Confirms Anti-Slapp Provisions Apply To “Protected Petition Activity”

On February 14, the Supreme Judicial Court of Massachusetts reviewed the application of the state’s “anti-SLAPP” law to challenges made against a blogged critique of Cardno Chemrisk, LLC (Chemrisk) and British Oetroleum (BP)...more

Dutch Collective Actions vs. Collective Settlements

As U.S. law has become less willing to entertain certain types of lawsuits on behalf of worldwide classes of plaintiffs, litigants have looked for other forums that might allow the prosecution – or at least the resolution –...more

Federal Reserve Proposes Rules Aimed at Banks Owning, Trading and Moving Commodities

by BakerHostetler on

On Sept. 23, 2016, the Federal Reserve issued proposed rules that could put pressure on investment banks, such as Morgan Stanley and Goldman Sachs, to divest certain energy assets and energy trading activities. Over the...more

Alabama Legislature Signals Reexamination of Tax Incentives and Exemptions: State and Local Tax Alert: Alabama Edition

Following a contentious special session in which multiple proposals for a state-wide lottery were debated then abandoned, the Alabama Legislature adjourned on September 7 after approving an approximate $640 million bond issue...more

Court of Appeal Lifts Stay in Cross Border Class Action

by Dentons on

In Kaynes v. BP [1] (referred to herein as “Kaynes”) the Court of Appeal for Ontario (“ONCA”) recently lifted a stay of a class proceeding in which the Plaintiff is seeking damages for alleged misrepresentations made to...more

Court Has Inherent Authority to Supervise CSSP, Including Sanctioning Attorneys for Ethical Violations and Misconduct

On June 2, 2016, the U.S. Court of Appeals for the Fifth Circuit addressed another matter of alleged attorney misconduct in a Deepwater Horizon claims case and the District Court’s authority to impose sanctions for...more

Louisiana First Circuit Finds Appellate Jurisdiction Lacking, Declines to Address Merits of Appeal Involving Claims Related to...

by Liskow & Lewis on

Louisiana First Circuit Court of Appeal again finds that it lacked jurisdiction over an appeal taken from a partial judgment that was not designated as final pursuant to Article 1915(B) of the Louisiana Code of Civil...more

Feds Renew Focus on Worker Safety and Individual Accountability

by Williams Mullen on

Massey Energy CEO Donald Blankenship reported to a California prison on May 12 to begin serving a one-year sentence for willfully violating mine safety standards. His conviction was related to the deadliest United States...more

Environmental Notes - May 2016

by Williams Mullen on

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

Second Circuit Issues Amended Order Affirming Dismissal in Transocean

by Burr & Forman on

On April 29, the United States Court of Appeals entered an amended order (previously decided on March 17, 2016) that affirmed the decision of the United States District Court for the Southern District of New York in DeKalb...more

New Offshore Well Control Regulations Unveiled to Mixed Reviews

by Baker Donelson on

The U.S. Department of the Interior and the Bureau of Safety and Environmental Enforcement announced final well control regulations for offshore drilling last week. The rules will purportedly make offshore drilling safer and...more

Interior Releases Final Rule for Blowout Prevention Systems and Well Control in Offshore Drilling Operations

by WilmerHale on

On April 14, 2016, the Department of the Interior (DOI), through the Bureau of Safety and Environmental Enforcement (BSEE), released a final rule establishing requirements for certain offshore oil and gas drilling,...more

The Well Control Final Rule Is Here, Finally

by Blank Rome LLP on

Action Item: The recently published Well Control Rule will require significant changes to Blow-Out Preventer (“BOP”) systems and well operations. Stakeholders in offshore oil and gas operations should carefully evaluate the...more

BP, Executive Pay and the Surfin’ Bird

by Thomas Fox on

Surf music is certainly an under-rated rock and roll genre. One of my favorites is The Trashmen’s Surfin’ Bird. It reached Number 4 on the Billboard Chart in 1963. I happened to hear it recently when I was reading about some...more

Article: Dismissal of Charges in the British-Petroleum (BP) Deepwater Horizon Indictment … or the Over-Criminalization of the BP...

On April 20, 2010, just before 10 p.m., the Deepwater Horizon drilling rig suddenly exploded in the Gulf of Mexico, 48 miles off the Louisiana coast. Tragically, eleven men on the vessel died. Oil ultimately flowed from the...more

Business Litigation Report - February 2016

Inter Partes Review Victory for Celgene - Quinn Emanuel recently won an inter partes review (“IPR”) of a patent covering the active ingredient in firm client Celgene Corporation’s (“Celgene”) blockbuster cancer therapy,...more

In Deepwater Horizon Insurance Coverage Dispute, Fifth Circuit Affirms Favorable Ruling For Policyholders And Certifies Unfair...

by Beveridge & Diamond PC on

In the latest development in the insurance coverage litigation arising out of the Deepwater Horizon oil spill, the U.S. Court of Appeals for the Fifth Circuit affirmed a $50 million finding of coverage, holding that only the...more

Passive Owner Fined Nearly $160MM for DWH Spill

by Davis Wright Tremaine LLP on

One unanswered question from the Deepwater Horizon litigation was the Clean Water Act civil penalty liability that would be imposed – or not – on Anadarko Petroleum, a passive owner of a 24% interest in the BP lease. On...more

Deepwater Horizon Update: Fifth Circuit Rules in Favor of Cameron on Insurance Issues

by Baker Donelson on

The U.S. Court of Appeals for the Fifth Circuit recently issued an opinion ruling in favor of Cameron International Corporation and certifying a question to the Texas Supreme Court on issues arising out of an insurance...more

BP has settled its Clean Water Act penalty claims, but important questions remain to be decided

by Davis Wright Tremaine LLP on

The United States and BP lodged their proposed settlement of the remaining claims by the US in connection with the Deepwater Horizon explosion and spill with the US District Court today. Comments to the Justice Department are...more

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