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Oil & Gas Contaminated Properties

Allen Matkins

California Environmental Law & Policy Update 8.23.24

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Three years after a massive spill at a Los Angeles wastewater facility sent millions of gallons of sewage into Santa Monica Bay, the city has agreed to spend more than $20 million on improvements to remedy the environmental...more

Gray Reed

Louisiana Oilfield Settlement Agreement Fails to Release Non-Party

Gray Reed on

Most states call it a third-party beneficiary contract. Leave it to Louisiana to be different. In Adams v. Chevron USA Inc., the plaintiffs claimed that oilfield pipe-cleaning activities of Chevron and others contaminated...more

Gray Reed

A Harsh Result From a Lopsided Indemnity Agreement

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Wagner v. Exxon Mobil Corporation is an example of the misfortune that can befall the purchaser who assumes the burden of comprehensive, one-sided indemnity obligations. We will disregard evidentiary and other issues in this...more

Gray Reed

Louisiana Environmental Citizen Suit Survives Exceptions

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The Kingfish would be proud of the Louisiana Supreme Court in Louisiana Ex Rel Tureau v. BEPCO, L.P. et al. The issues were the prescriptive period applicable to a citizen suit for injunctive relief under R.S. 30:16 and...more

BCLP

PFAS Update: State Regulation of PFAS in Firefighting Foam and Equipment, November 2022

BCLP on

Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’...more

Gray Reed

Louisiana Legacy Lawsuit Survives Motion to Dismiss

Gray Reed on

Withrow v. Chevron is another Louisiana legacy lawsuit, this one claiming that defendants Chevron and Vernon E. Faulconer, Inc., and their predecessors, improperly disposed of toxic and hazardous oilfield wastes in unlined...more

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

Gray Reed

Landowners Vanquished by the Discovery Rule

Gray Reed on

Is it worth spending extra dollars, days, and windshield time to discover what mischief your oil and gas operator might be making on your property? The landowner-plaintiffs in Mustafa v. Americo Energy would certainly say so....more

Allen Matkins

California Environmental Law & Policy Update - September 2021

Allen Matkins on

Federal judge strikes down Trump rule governing water pollution - The New York Times – August 23 - In the latest episode of a long-running battle concerning the reach of federal jurisdiction over surface waters, Judge...more

Gray Reed

Louisiana Land Damage Claim Can’t Survive Prescription and Subsequent Purchaser Rule

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In Lexington Land Development LLC v. Chevron Pipeline Company et al, a Louisiana landowner’s suit for damages to land alleged to have been caused by oil and gas operations failed to survive exceptions of prescription and the...more

Bennett Jones LLP

Real Estate Transactions and Recent Changes to Environmental Management Act and Contaminated Sites Regulation

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On February 1, 2021, amendments to the Environmental Management Act (EMA) and associated changes to the Contaminated Sites Regulation relating to the process for identifying contaminated sites came into force. A notable...more

Morgan Lewis

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

Morgan Lewis on

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

Bennett Jones LLP

B.C. Announces Second Increment of Dormant Sites Reclamation Program Funding

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On September 18, 2020, the British Columbia government announced that the first half of a $100-million fund earmarked for cleaning up dormant wells has been disbursed. The Dormant Sites Reclamation Program is dedicated to...more

Nossaman LLP

Interior Issues Operating Principle for Natural Resource Damage Assessment and Restoration Program

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On May 15, 2020, the U.S. Department of the Interior (“Interior”) updated an important policy memorandum associated with its Natural Resource Damage Assessment and Restoration (“NRDAR”) Program. ...more

Allen Matkins

California Environmental Law & Policy Update - May 2020 #5

Allen Matkins on

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

Sullivan & Worcester

PFAS Regulatory Update

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As in previous postings, we discuss recent state regulatory initiatives aimed at addressing groundwater and drinking water contamination by per- and polyfluoroalkyl substances ("PFAS"). PFAS are a group of synthetic chemicals...more

Gray Reed

Lease Contamination Claim Squelched by Limitations

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In Swift Energy Operating LLC v. Regency Field Services LLC, claims for damage to leased minerals allegedly caused by contamination spreading from an H2S-CO2 injection well were barred by limitations. When the cause of action...more

Perkins Coie

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

Perkins Coie on

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

Bennett Jones LLP

When Is It Too Late to Sue for Environmental Contamination? The ABCA Rules

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On February 6, 2019, the Alberta Court of Appeal (ABCA) released its first ever decision on section 218 of the Environmental Protection and Enhancement Act (EPEA), which may extend limitation periods applicable to...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

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,...

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Order Assessing Cleanup Costs Reimbursement

The Tennessee Department of Environment and Conservation – Division of Underground Storage Tanks (“TDEC”) issued an August 6th Order and Assessment (“Order”) to Authur Chapman (“Chapman”). The Order addresses underground...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

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

Mississippi Underground Storage Tank Act: 2018 Revisions

The 2018 Regular Session of the Mississippi Legislature undertook certain revisions to the Mississippi Underground Storage Tank Act of 1988 (“Act”). The legislation was enacted on March 19th after being approved by the...more

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