Storage Tanks

News & Analysis as of

Mainebiz Real Estate Insider – Beware of LUST

Today, we’re talking about LUSTs: Leaking Underground Storage Tanks. Not what you were expecting? Well, if you are in the market for commercial real estate, I can assure you that you will be even more disappointed if you...more

USDOT Proposes New Rules for Rail Transport of Fossil Fuels

On Wednesday, July 23, 2014 the Pipeline and Hazardous Materials Safety Administration (“Administration”), an agency within the U.S. Department of Transportation (“USDOT”), issued a Notice of Proposed Rulemaking (“NOPR”) for...more

Morristown Associates v. Grant Oil

In 2006, Morristown Associates filed a suit against multiple heating companies and the previous owners of a dry cleaning business to seek payment for the costs they incurred redeveloping the property. They cited the source...more

Increased Crude Oil Rail Shipments Drive Boost in Funding for DOT HazMat Programs

By a vote of 29-1, on June 5, 2014, the Senate Appropriations Committee passed legislation (S. 2438) funding fiscal year (FY) 2015 activities for the U.S. Department of Transportation (DOT). DOT’s programs for crude oil and...more

Commingled Oil and Gas – Why allocation matters

Frequently oil and gas are transported through or stored in facilities where they are commingled with the oil or gas of third parties. If the transportation system or storage facility has been properly developed, it will...more

Native Gas And Storage Gas: Who Owns It?

Northern National Gas Company vs. Approximately 9117 Acres in Pratt, Camden and Reno Counties, Kansas shows the relationship between Kansas oil and gas law and the Kansas Underground Storage Act (KSA §55-1201 et seq)....more

Storing Heating Oil In Residential Tank Is Not An Abnormally Dangerous Activity In New Jersey

The Appellate Division recent held that the storage of home heating oil in an underground storage tank is not an abnormally dangerous activity. In Ross v. Lowitz, the plaintiffs, John and Pamela Ross, owned property that was...more

West Virginia Legislature Passes Comprehensive Aboveground Storage Tank Bill and Amends Public Water Supply Laws

On March 8, 2014, the West Virginia Legislature passed a comprehensive bill, primarily in response to the Jan. 9, 2014 leak of fluid containing 4- Methylcyclohexane Methanol (MCHM) from an aboveground storage tank into the...more

Comprehensive Summary Of Final Senate Bill 373

On Saturday evening, March 8, after intense work and consideration of perhaps 100 or more amendments, the West Virginia Legislature passed Senate Bill 373 ("SB 373"), which establishes sweeping new regulatory programs that...more

New Standard Will Help Clarify Environmental Conditions For Homebuilders

When you are buying raw land to build homes, you need to know what you are buying. A 100-acre tract of farmland may look pristine to the untrained eye, but an environmental professional may discover a leaking underground...more

Navigating The All-Risks Policy: Is Wear And Tear A Fortuitous Risk?

In its decision in 1422253 Ontario Limited O/A Esso Fourth Avenue Gas Bar v. Coachman Insurance Company, 2013 ONSC 5740, the Divisional Court held that damages resulting from wear and tear can, in certain circumstances, be...more

Contaminated but Remediated Soil and Cortese Listing Does Not Compel Preparation of EIR

As 2013 came to a close, the California court of appeal in Parker Shattuck Neighbors v. Berkeley City Council (1st Dist., Div. 4, 12/30/13, A136873) ___Cal.App.1st___, 2013, upheld the City of Berkeley’s decision not to...more

New York Court Holds UST Sublimit Applicable to Underlying Loss

In its recent decision in Two Farms, Inc. v. Greenwich Ins. Co., 2014 U.S. Dist. LEXIS 1629 (S.D.N.Y. Jan. 7, 2014), the United States District Court for the Southern District of New York had occasion to consider the whether...more

Contracting with independent oil storage companies: the reality

Introduction - Storage space is a necessity for the owner of any physical commodity. Stockpiling in storage facilities permits greater flexibility and continuity of supply in the event of supply disruptions, increases...more

Eligibility for Reimbursement from the Underground Storage Tank Indemnification Fund Cannot Be Determined on a Per Tank Basis

On June 17, 2013, the Pennsylvania Supreme Court in Young’s Sales and Service v. Underground Storage Tank Indemnification Board, reversed a decision of the Commonwealth Court and held that eligibility for indemnification for...more

USEPA Proposes Updates To Oil And Gas Air Rules For Storage Tanks

Two months ago, the U.S. Environmental Protection Agency (USEPA) requested that a federal judge stay the lawsuits challenging its oil and gas air rule revisions to allow the agency to revisit controversial aspects of the...more

Summary of FERC Meeting Agenda - February 2013

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s February 21, 2013 meeting, pursuant to the agenda as issued on February 14, 2013. Agenda items E-5, E-7 and C-8 have not been...more

Environmental Update - Michigan Environmental News November/December 2012

In This Issue: - Michigan Passes Groundwater Well Dispute Statute - Again - EPA Pushes Back on Stormwater Discharges from Logging Roads - Storage Tank Program Undergoes Changes - Sierra Club Ready to Sue on...more

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