News & Analysis as of

Oil & Gas Remediation

J.S. Held

Benefits of Passive Soil Gas Sampling: An Efficient and Cost-Effective Subsurface Investigation Tool

J.S. Held on

There are numerous approaches that can be used during an environmental investigation to evaluate subsurface conditions. These can vary based on the media requiring investigation and the ultimate project goals. Information...more

Gray Reed

Louisiana Environmental Citizen Suit Survives Exceptions

Gray Reed on

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

Stikeman Elliott LLP

Limitation Periods and the Environmental Protection and Enhancement Act

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The Alberta Court of Queen’s Bench (the “Court”) has added to the relatively sparse case law on whether an extension to a limitation period will be granted under section 218 of the Environmental Protection and Enhancement...more

Adams and Reese LLP

A New Legacy for Legacy Litigation: Louisiana Supreme Court Limits Recovery in Act 312 Remediation Suits

Adams and Reese LLP on

On June 1, 2022, the Louisiana Supreme Court issued a significant ruling in the legacy litigation arena, settling once and for all the issue of what damages are available to landowners in oil and gas remediation lawsuits...more

Bennett Jones LLP

New Policies May Drive Increased Use of In-Situ Remediation Technology

Bennett Jones LLP on

The Alberta Energy Regulator introduced the proposed Manual XXX: Contamination Management on July 7, 2021. This manual is intended to assist companies in understanding the requirements and expectations under the Remediation...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

Holland & Knight LLP

Petrobras Agrees to Pay More Than $1.8 Billion for Facilitating FCPA Violations

Holland & Knight LLP on

• Four years ago, Brazilian authorities began Operation Car Wash, a wide-ranging and still ongoing corruption and money laundering investigation that has spanned 11 countries. • The fallout continues with a recent U.S....more

The Volkov Law Group

Petrobas Closes Out “Massive” Corruption Investigations and Litigation

The Volkov Law Group on

When it comes to a poster-child for corrupt organizations, there is very little competition that can eclipse Petrobas, the Brazilian state-owned oil and gas company. ...more

Beveridge & Diamond PC

NJDEP to Allow Capping as Remedial Option for VOCs with Groundwater Pathways

Beveridge & Diamond PC on

At the end of August, the New Jersey Department of Environmental Protection (“NJDEP”) issued guidance that allows volatile organic compounds (“VOCs”) released to groundwater to be left in place under certain circumstances;...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

Gray Reed

Another Oil Field Contamination Plaintiff Waits Too Long

Gray Reed on

Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

Stoel Rives - Environmental Law Blog

Oil & Gas Related Bills Introduced in the 2017-2018 Legislative Session

February 17, 2017 marked the deadline by which legislators had to introduce bills for the first half of the 2017-2018 Legislative Session. The Stoel Rives’ Oil & Gas Team has been and will continue to monitor bills...more

King & Spalding

Energy Newsletter - June 2016

King & Spalding on

Oil and Gas Unitization: Specific Considerations for Cross-Border Unitization - Setting the Scene - There are more than twenty bilateral unitization Treaties and Joint Development Agreements (JDAs) in place today...more

Allen Matkins

California Environmental Law & Policy Update - August 2015 #3

Allen Matkins on

Environmental and Policy Focus: Clean Water Act rule faces challenges from both sides - Courthouse News Service - Aug 18: A widely publicized new rule clarifying the definition of ’waters of the United States’ under the...more

Blank Rome LLP

Environmental Litigation, Compliance and Transactional Costs to Increase as a Result of EPA’s New Vapor Intrusion Guidance

Blank Rome LLP on

Action Item: Vapor intrusion has been a primary concern of state and federal environmental agencies for the past decade, and, accordingly, remedial actions have included vapor migration and intrusion as an exposure pathway....more

Blake, Cassels & Graydon LLP

Protection of Confidential Commercial Information Affirmed in Freedom of Information Decision

On February 19, 2015, the Supreme Court of Canada (SCC) denied leave to appeal from the judgment of the Alberta Court of Appeal (Court) in Imperial Oil Limited v. Alberta (Information and Privacy Commissioner). ...more

Saul Ewing Arnstein & Lehr LLP

New Jersey High Court Rejects Application of Six-Year Statute of Limitations to Spill Act Private Contribution Claims for...

In Morristown Associates v. Grant Oil Co., the New Jersey Supreme Court unanimously ruled that a six-year statute of limitations does not apply to private claims for contribution of costs incurred to remediate contaminated...more

Cole Schotz

Environmental News Flash: New Jersey Supreme Court Rules That Six-Year Statute Of Limitations Does Not Apply To Spill Act Claims

Cole Schotz on

In a much anticipated decision, the New Jersey Supreme Court ruled yesterday in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property is not applicable to Spill...more

Davis Wright Tremaine LLP

Model Remedies Under Washington’s Model Toxic Control Act – A Modest First Step for Impacted Soil Sites

In December 2014, the Washington Department of Ecology (“Ecology”) issued a white paper discussing the status of its work toward developing “model remedies.” In 2013, the Washington Legislature directed Ecology to establish...more

Beveridge & Diamond PC

New Jersey Landowner Forfeits Damages by Allowing Defendant to Remediate

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In what may be a cautionary tale for owners of contaminated property, a New Jersey appellate court has ruled that a landowner forfeited any claim to property damages when he allowed the responsible party to perform...more

BakerHostetler

CERCLA Preempts State-Law Claims Arising Out Of Petroleum Contamination

BakerHostetler on

In what appears to be a first, a federal district court has held that the “Petroleum Exclusion” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) preempts state-law contribution claims...more

McCarter & English, LLP

New Jersey’s General Statute of Limitations Now a Defense to Spill Act Claims for Contribution

The New Jersey Appellate Division just ruled that the general six-year statute of limitations for property damage claims applies to a private claim for contribution brought under the New Jersey Spill Compensation and Control...more

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