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Oil & Gas Oil Spills

Holland & Knight LLP

Court Strikes Down Key Endangered Species Act Opinion

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A federal court has thrown out key Endangered Species Act (ESA) analyses of oil and gas operations in the Gulf of Mexico, which will be vacated as of Dec. 20, 2024. The United States District Court for the District of...more

Nutter McClennen & Fish LLP

Environment & Energy Insights (August 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

Oliva Gibbs LLP

Lessons in Chemistry: SCOTUS Declines Review in OPA Case

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The U.S. Supreme Court has declined to hear an appeal addressing whether a mixture of petroleum and chemicals constitutes “oil” under the Oil Pollution Act (OPA). In doing so, the Court has effectively rejected the efforts of...more

Bennett Jones LLP

Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

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The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024...more

Beveridge & Diamond PC

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

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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

Troutman Pepper

New York’s Spill Reporting Revisions Could Significantly Impact Environmental Due Diligence

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In June 2023, the New York State Department of Environmental Conservation (NYSDEC) adopted revisions to its petroleum bulk storage regulations 6 NYCRR Part 613. The amended regulations become effective on October 17....more

Cooley LLP

One-Off Oil Spill Held Not to Represent a Continuing Nuisance

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In the recent decision of Jalla and another v. Shell International Trading and Shipping Co Ltd and another, the UK Supreme Court held that a one-off oil spill did not represent a continuing nuisance regardless of the...more

Goldberg Segalla

EPA Revises National Contingency Plan to Assist with Oil Spill Responses

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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

Smith Gambrell Russell

Asphalt Manufacturer Challenges EPA’s Spill Rule Under Oil Spill Control Regulations

The U.S. Court of Appeals for the District of Columbia is set to rule on a challenge by an asphalt emulsions manufacturing company alleging that the EPA unlawfully required its facility to maintain a Facility Response Plan...more

Faegre Drinker Biddle & Reath LLP

State AG Updates: California, New York, Connecticut and Juul’s Settlement With 33 States and Puerto Rico

In this edition of Faegre Drinker’s State Attorneys General Update, we discuss: • The California AG’s: • Plea deal with a pipeline operator relating to a 2021 oil spill...more

Allen Matkins

California Environmental Law & Policy Update - May 2022 #3

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City of San Diego sues 20-plus companies to force cleanup of PFAS contamination Bullet Times of San Diego - May 11 The San Diego City Attorney’s Office filed suit last Wednesday against more than 20 chemical companies for...more

Bennett Jones LLP

Alberta Court of Appeal Considers Claim of Pure Economic Loss

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The Alberta Court of Appeal recently considered the latest Supreme Court of Canada decision on pure economic loss in a decision involving a proposed class action for damages related to a pipeline spill. In its decision, the...more

Robinson+Cole Environmental Law +

Court Denies Class Certification in Illinois Oil Spill Case

On October 5, 2021, the United States District Court for the Southern District of Illinois denied the plaintiffs’ Motion for Class Certification in Morr v. Plains All American Pipeline, LLC 2021 WL 4478660 (S.D. Illinois,...more

Allen Matkins

California Environmental Law & Policy Update - October 2021 #3

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California appellate court overturns Monterey County fracking ban - Courthouse News Service – October 12 - A California appeals court on Tuesday set aside a Monterey County measure banning hydraulic fracturing, or...more

Wiley Rein LLP

CITGO Settles with Federal and State Natural Resource Trustees for Claims Arising from 2006 Oil Spill

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US DOJ recently announced a settlement of federal and state natural resource damage (NRD) claims asserted by federal and state trustees under the Oil Pollution Act (OPA) and state law against CITGO Petroleum Corporation...more

White and Williams LLP

First Circuit Holds Conflicting Policy Provisions Require Coverage for Petroleum Spill

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On December 18, 2020, the U.S. Court of Appeals for the First Circuit held that conflicting provisions in an excess policy required an insurer to cover the costs a transportation company incurred to clean up a fuel spill,...more

(ACOEL) | American College of Environmental...

An Oily Test for the Public Trust Doctrine

On November 13, Michigan Governor Gretchen Whitmer (“That woman from Michigan!”) issued a notice to Enbridge Energy that by May 2021 it must cease transport of oil through twin pipelines that traverse the Straits of Mackinac....more

Downey Brand LLP

California Pipelines Face New Hurdles As the State Adopts Final Rules to Protect its Coastline

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The California Office of the State Fire Marshal (“OSFM”) finalized its regulations implementing Best Available Technology (“BAT”) requirements for hazardous liquid pipelines, effective October 1, 2020. The proposed...more

Pullman & Comley, LLC

DEEP's Proposed Release Reporting Regulations Now Ready for Comment

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DEEP does not currently have regulations in place governing release/spill reporting.  The regulations proposed in 2009 required that all spills over one gallon in volume and all historical spills be reported.  Those have...more

Stoel Rives - Environmental Law Blog

CDFW Proposes New Regulations for Oil Spill Management Team Certification with a September 14 Comment Deadline

Last week, the California Department of Fish and Wildlife (“CDFW”) Office of Spill Prevention and Response (“OSPR”) issued notice that it proposes to add ten new regulations (sections 830.1 through 830.11 to Title 14 of the...more

Cozen O'Connor

Submarine Power Transmission Cables Subject to OPA

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The U.S. Court of Appeals for the Second Circuit recently reversed a lower court decision that held that the release of thousands of gallons of oil from a submarine power-transmission cable into Long Island Sound was not...more

Beveridge & Diamond PC

Court Rejects Umbrella Coverage for Oil Spill Cleanup Costs where Underlying Insurance Requirements were Not Satisfied

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On May 6, 2020, a Montana federal court ruled that an insurer was not obligated to cover $1 million in cleanup costs incurred by an umbrella policyholder after spilling 238 barrels of crude oil and 1,200 barrels of production...more

Eversheds Sutherland (US) LLP

Congress unveils energy tax extenders

Congress is moving towards passing The Taxpayer Certainty and Disaster Relief Act of 2019 (Extenders Bill). If enacted, the Extenders Bill would extend certain tax credits for the renewable energy and alternative fuels...more

King & Spalding

Fifth Circuit Extends Doiron Test For Assigning Maritime-Contract Status To Contracts That Are Not Oilfield Services Contracts

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The U.S. Court of Appeals for the Fifth Circuit recently held that its two-question Doiron test for determining whether oilfield services contracts are maritime contracts also applies when evaluating the maritime-contract...more

Downey Brand LLP

California Fire Marshall Makes Additional Changes to its Proposed Oil Pipeline Safety Regulations

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On October 1, 2019, the California Office of State Fire Marshall (“OSFM”) published additional changes to its proposed regulations implementing Best Available Technology (“BAT”) requirements for hazardous liquid pipelines....more

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