News & Analysis as of September 18, 2024

Oil Spills

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The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination. The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -

Environment & Energy Insights (August 2024)

Nutter McClennen & Fish LLP on 8/12/2024

Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more

Oil Pollution Act: Tips for Spill Response, Compliance, and Enforcement

Beveridge & Diamond PC on 2/14/2024

Oil spills commonly occur when least expected and, even in smaller quantities can significantly disrupt business operations and create risks for enforcement and/or litigation. It’s important that companies are prepared and...more

EPA Revises National Contingency Plan to Assist with Oil Spill Responses

Goldberg Segalla on 6/9/2023

In 1990, Congress passed the Oil Pollution Act, also known as the OPA. The act was in response to the Exxon Valdez oil spill in 1989, and it amended the Clean Water Act of 1972. Its purpose was to avoid oil spills from...more

Worst-Case Spill Regulations/Clean Water Act: Natural Resources Defense Council Law Suit Alleging U.S. Environmental Protection...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/8/2019

Three environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Southern District of New York against the United States Environmental...more

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

Baker Donelson on 10/1/2018

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

California Environmental Law & Policy Update - September 2018 #2

Allen Matkins on 9/14/2018

Focus - California commits to eliminating all carbon sources of electricity by 2045 - REUTERS - Sep 10 Governor Jerry Brown on Monday signed into law Senate Bill 100, which requires the state to source electricity from...more

311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Leominster, Massachusetts Oil Company Enter into...

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/11/2018

The United States Environmental Protection Agency (“EPA”) and Fraticelli Oil Company (“FOC”) entered into an April 23rd Expedited Settlement Agreement (“ESA”) for alleged violation of Section 311(b)(3) of the Clean Water Act....more

Following Ninth Circuit’s Lead, Fourth Circuit Expands CWA Jurisdiction to Groundwater Where “Connection” to Navigable Waters...

Stoel Rives - Environmental Law Blog on 4/18/2018

Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the...more

Weighing the Costs and Risks of Litigation

Davis Wright Tremaine LLP on 2/16/2018

Citgo Petroleum received a Valentine’s gift of sorts from the Fifth Circuit Court of Appeals on February 14, in United States v. Citgo Petroleum Corporation. The Court affirmed an $81MM civil penalty assessed by the district...more

Congress Expands the Oil Pollution Act to Reach Spills Originating Outside of the U.S.

Pillsbury Winthrop Shaw Pittman LLP on 1/23/2018

The Foreign Spill Protection Act of 2017 amends the Oil Pollution Act and Clean Water Act to hold foreign-based offshore facilities liable for spills entering U.S. waters - New law establishes oil spill liability in the...more

Meaning of “In Connection With” and “Pursuant To” Under Oil Pollution Act A Question of First Impression in Fifth Circuit

Pillsbury - Gravel2Gavel Construction & Real... on 11/10/2017

On November 7, in U.S. v. American Commercial Lines, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed the District Court’s ruling that American Commercial Lines (ACL), the owner of a tug boat whose contracted...more

Currents - Energy Industry Insights - September 2017#2

Spilman Thomas & Battle, PLLC on 9/16/2017

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

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

Davis Wright Tremaine LLP on 10/6/2015

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

Minimizing Risk Under the Clean Water Act

WilmerHale on 5/8/2015

The Federal Water Pollution Control Act — more commonly known as the Clean Water Act — establishes a stringent regulatory and permitting regime governing the discharge of pollutants into rivers, streams, wetlands, and other...more

Oil Production and Storage Facilities Must Maintain Spill Prevention, Control and Countermeasure (SPCC) Plans

Adams and Reese LLP on 1/30/2015

Small oil production and storage facilities often overlook their obligations to develop and implement oil Spill Prevention, Control and Countermeasure (SPCC) plans. These requirements have been issued by the USEPA under the...more

Judge Barbier BP Attempt to Limit Clean Water Act Fines

Burr & Forman on 11/21/2014

On September 4, 2014, District Court Judge Carl Barbier issued his “Findings of Fact and Conclusions of Law – Phase One Trial” in the Deepwater Horizon oil spill litigation. In his 153 page opinion, Judge Barbier found BP...more

Fifth Circuit Evaluates Application of Civil Penalty Factors for Oil Spills under the Clean Water Act, Holds Economic Benefit is...

Davis Wright Tremaine LLP on 7/24/2013

On an appeal of a penalty determination in the first oil spill case to be tried under the civil penalty provisions enacted after the Exxon Valdez catastrophe in the Oil Pollution Act of 1991, the Fifth Circuit Court of...more

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