News & Analysis as of

Oil & Gas Strict Liability

Sullivan & Worcester

A Case Study of BP P.L.C. v. Mayor & City Council of Baltimore and Its Potential Impact on Other Climate Lawsuits

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Over the past few years, several state and local governments have filed lawsuits against fossil fuel companies, seeking money damages for the effects of climate change on their jurisdictions. These lawsuits serve multiple...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

Holland & Knight LLP

Supreme Court's Landmark Decision Reaffirms Popular Form Safe Berth / Safe Port Clause

Holland & Knight LLP on

Negotiating a contract, a charter party in maritime parlance, is a balance of leverage and sometimes a leap of faith. Certain issues are more important to companies than others, and for those issues, the language of clauses...more

Blank Rome LLP

U.S. Supreme Court Issues Safe Berth Warranty Decision

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The final decision in the ATHOS I saga has recently been issued by the U.S. Supreme Court, upholding the decision of the U. S. Court of Appeals for the Third Circuit to the effect that a plain reading of the language found in...more

Cozen O'Connor

U.S. Supreme Court Rules Safe Berth Clause is a Warranty

Cozen O'Connor on

On March 30, 2020, in Citgo Asphalt Refining Co. v. Fescati Shipping Co., Ltd., the U.S. Supreme Court held that, based on its specific wording, a charter party’s safe-berth clause constituted an express warranty of safety,...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Roundup – May 2019

Federal Courts of Appeal - Dam Claims Collapse - On May 7, 2019, the U.S. Court of Appeals for the Eleventh Circuit decided the case of Navelski, et al. v. International Paper Company....more

Baker Donelson

Don’t Fall Asleep at the Helm- 5th Circuit Goes Broad on OPA Interpretation

Baker Donelson on

In two issues of first impression, the 5th Circuit Court of Appeals read the complete defense provisions for oil spills under the Oil Pollution Act (“OPA”) to strictly construe the defenses and make them only very narrowly...more

Beveridge & Diamond PC

Tort Suit Seeks to Hold Drillers Responsible for Oklahoma Earthquakes

Beveridge & Diamond PC on

In what may be part of a wave of litigation blaming increased seismicity on oil and gas development activities, 12 residents of Oklahoma City and its suburbs filed suit against oil and gas drillers and operators of wastewater...more

Blank Rome LLP

U.S. Coast Guard Issues Final Rule Raising OPA 90 Liability Limits

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Action Item: The U.S. Coast Guard published a Final Rule increasing limits of liability for vessels, deepwater ports, and onshore facilities under the Oil Pollution Act of 1990 (“OPA 90”). The raise in liability limits also...more

Latham & Watkins LLP

Court Limits Migratory Bird Treaty Act Applicability to Incidental Take

Latham & Watkins LLP on

On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the...more

Locke Lord LLP

Fifth Circuit Holds that Migratory Bird Treaty Act Does Not Apply to Incidental Takes - What It Means for Energy Developers

Locke Lord LLP on

On September 4, 2015, the Fifth Circuit Court of Appeals reversed the misdemeanor convictions of Citgo Petroleum Corporation and Citgo Refining and Chemicals Company, L.P. (collectively Citgo) for “taking” migratory birds in...more

Kelley Drye & Warren LLP

Fish & Wildlife Service Issues Notice of Intent to Regulate Incidental Take of Migratory Birds

On May 26, 2015, the U.S. Fish and Wildlife Service (“FWS”) published a notice of its intent to evaluate potential ways to regulate incidental takes of migratory birds under the Migratory Bird Treaty Act (“MBTA”). The Notice...more

BakerHostetler

An Update on Recent Oil- and Gas-Related Decisions in Ohio

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Due to increased drilling activity in the Utica shale formation, state and federal courts in Ohio and the 6th Circuit have recently issued decisions related to local drilling regulations, drilling permits, leasing, indemnity...more

K&L Gates LLP

Adapting to a New Era of Strict Criminal Liability Enforcement under Pennsylvania’s Environmental Laws

K&L Gates LLP on

Attorney General Kathleen Kane’s recent actions concerning the application of strict liability criminal offenses under Pennsylvania’s environmental laws present a new challenge for the oil and gas industry in Pennsylvania....more

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