News & Analysis as of

Hazardous Substances Crude Oil

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

Refinery/CERCLA: Federal Appellate Court Addresses Whether United States Controls During World War II Established it as an...

Co-Author: Elizabeth Strickland The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) addressed in a June 23rd Opinion the scope of the Comprehensive Environmental Response, Compensation, and Liability...more

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

State of Washington Rail Transport Crude Oil Volatility Rules: U.S. Pipeline and Hazardous Materials Safety Administration Issues...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) announced on May 11th, its determination that the Federal Hazardous Materials Transportation Act (“HMTA”) preempts the State of Washington’s...more

Clark Hill PLC

Storing Crude Oil: Do Rail Tank Cars Become EPA-Regulated Storage Vessels?

Clark Hill PLC on

As discussed in our prior alert and reported on by the New York Times, U.S. oil producers are scrambling to find storage to wait-out the COVID-19-driven supply glut and depressed market prices. Converting non-conventional...more

Clark Hill PLC

Storing Crude Oil in Rail Tank Cars Requires an Understanding of Federal HazMat Regulations

Clark Hill PLC on

The United States is awash in oil. The Coronavirus Pandemic has collapsed global demand and at the same time, increased oil production by Saudi Arabia and Russia has caused oil supply to surge. Facing a potential need for...more

Dorsey & Whitney LLP

PHMSA Issues Three New Rules to Promote Pipeline Safety

Dorsey & Whitney LLP on

On October 1, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued three new rules to promote pipeline safety. The first, the MAOP Reconfirmation Rule, is the result of Congressional mandates,...more

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

State of Washington Rail Transport Crude Oil Volatility Rules: U.S. Pipeline and Hazardous Materials Safety Administration Public...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a July 24th Public Notice and Invitation to Comment (“Notice”) addressing the states of North Dakota and Montana’s (“States”) request...more

Downey Brand LLP

First Appellate District Upholds Several Aspects of the EIR Prepared for Phillips 66 Efforts to Enhance Recovery of Petroleum...

Downey Brand LLP on

In a March 2018 decision, the First Appellate District examined several CEQA issues pertinent to petroleum refining and hazardous materials transport. In Rodeo Citizens Association v. County of Contra Costa, the appeals court...more

BakerHostetler

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

BakerHostetler on

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

Morgan Lewis

PHMSA Proposes to Expand the Requirements for Pipelines Carrying Hazardous Liquids

Morgan Lewis on

The rules would add gathering lines and pipelines in non-HCA areas. On October 13, the US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Proposed Rule that would...more

Nossaman LLP

DOT Tank Car Rule Reflects Refined Cost-Benefit Analysis

Nossaman LLP on

On May 1, 2015, the U.S. Department of Transportation, acting through the Pipeline and Hazardous Materials Safety Administration, issued a much-anticipated final rule on the enhanced tank car standards and operational...more

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