News & Analysis as of

Oil Spills

Defence + Indemnity: February 2018 - I. Insurance Issues B.

by Field Law on

I. INSURANCE ISSUES - B. The Court held that a duty to defend was triggered by pleadings alleging an escape of fuel oil onto neighbouring property despite a pollution exclusion clause in the policies, because the pleaded...more

Weighing the Costs and Risks of Litigation

by Davis Wright Tremaine LLP on

Citgo Petroleum received a Valentine’s gift of sorts from the Fifth Circuit Court of Appeals on February 14, in United States v. Citgo Petroleum Corporation. The Court affirmed an $81MM civil penalty assessed by the district...more

Recent Court Decision and EPA/Corps Actions Affect Fate of Clean Water Rule

by Williams Mullen on

A major skirmish in the long-running legal battle over the scope of protected waters under the federal Clean Water Act (“Act”) has just ended with the U.S. Supreme Court decision in National Association of Manufacturers v....more

The Eerie Similarities Between The Gulf Spill In 2010 And Hurricane Maria In Puerto Rico 7 Years Later: How the Facts About the...

by K&L Gates LLP on

The massive public attention focused on the Jones Act in Puerto Rico immediately after Hurricane Maria was eerily analogous to the public spotlight on the law during the Deepwater Horizon oil spill (the “Gulf Spill”) in the...more

BC Seeks Feedback and Engagement on Second Phase of the Spill Response Regime

by Bennett Jones LLP on

Phase-2 to BC’s Spill Response Regime - The British Columbia government is moving forward with the second phase of spill regulations, announcing further stakeholder engagement on important elements, such as spill response...more

Congress Expands the Oil Pollution Act to Reach Spills Originating Outside of the U.S.

The Foreign Spill Protection Act of 2017 amends the Oil Pollution Act and Clean Water Act to hold foreign-based offshore facilities liable for spills entering U.S. waters - New law establishes oil spill liability in the...more

Spill in North Dakota and Explosion in Orion Township Illustrates the Differences Between the Dangers Petroleum and Natural...

by Clark Hill PLC on

210,000 gallons of crude oil leaked from Keystone Pipeline in South Dakota threatens groundwater in the area while a pipeline explosion in OrionTownship left a huge crater. In order to evaluate the impact of a new...more

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

by 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

Ready or Not? Now’s the Time to Get Your Oil Spill Management Team OSPR Certification

The California Office of Spill Prevention and Response (“OSPR”), within the Department of Fish and Wildlife, has been tasked with new responsibilities related to oil spill response. Assembly Bill 1197 (“AB 1197”), which was...more

U.S. Fifth Circuit Affirms $20 Million Judgment Against Barge Owner as Responsible Party Under the Oil Pollution Act of 1990

by Liskow & Lewis on

In July of 2008, nearly 300,000 gallons of oil spilled into the Mississippi River in New Orleans when a tugboat towing an oil-filled barge veered across the river into the path of an ocean-going tanker. American Commercial...more

Meaning of “In Connection With” and “Pursuant To” Under Oil Pollution Act A Question of First Impression in Fifth Circuit

On November 7, in U.S. v. American Commercial Lines, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed the District Court’s ruling that American Commercial Lines (ACL), the owner of a tug boat whose contracted...more

Storage Tank Enforcement: U.S. Environmental Protection Agency and Oswego, New York Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Figaro Holdings, LLC (“FH”) entered into a November 1st Expedited Settlement Agreement (“ESA”) addressing alleged violations of Subtitle I of the Resource...more

U.S. Dodges OPA Claim But Must Defend Against Insurer’s Negligence Claims

On September 15, the U.S. Court of Appeals for the First Circuit released a significant Oil Pollution Act (OPA) ruling. The case is Ironshore Specialty Insurance Company v. U.S., et al. The Court of Appeals affirmed the...more

One Wrong Turn

by Bennett Jones LLP on

The road to the first class action against the Province of British Columbia - On May 3, 2017, the Honourable Justice Masuhara, of the British Columbia Supreme Court, certified the province’s first environmental class...more

Currents - Energy Industry Insights - September 2017#2

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

Oil Spill/Salt Water Disposal Facility: Illinois Attorney General Request for Preliminary Injunction

The Illinois Attorney General (“AG”) filed a Complaint and Motion for Preliminary Injunction against TrueFlo Solutions LLC (“TS”) in White County Circuit Court in Illinois in regards to an oil spill that allegedly...more

The Kawartha Lakes Saga Continues: Oil Spills and the Dangers of DIY

by Bennett Jones LLP on

Gendron v Thompson Fuels et al provides a cautionary tale for homeowners hoping to "handle things on [their] own". In this case, the plaintiff-homeowner attempted to clean up a domestic fuel oil spill with Tupperware...more

Contribution Under the Oil Pollution Act

by Clark Hill PLC on

The Fifth Circuit Court of Appeals held that a responsible party under the federal Oil Pollution Act (OPA) could seek contribution for cleanup costs—even though they may include purely economic damages—from a partially liable...more

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

Stoel Rives’ Oil & Gas Team has been monitoring bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. Below are the latest updates on a list of bills, summarized pursuant to the...more

Another Oil Field Contamination Plaintiff Waits Too Long

by Gray Reed & McGraw 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

Fifth Circuit: Responsible Party Has Right to Recover Contribution from Others at Fault in Oil Spills

by Holland & Knight LLP on

In a recent ruling dated June 9, 2017, In re: Complaint of Settoon Towing LLC, the U.S. Court of Appeals for the Fifth Circuit interpreted the statutory language of the Oil Pollution Act of 1990 (OPA) to grant the responsible...more

Fifth Circuit Clarifies Oil Spill Contribution Rules

by K&L Gates LLP on

Maritime law is known for its “hoary” precedents from long ago. But in Settoon Towing v. Marquette Transportation Co., the United States Court of Appeals for the Fifth Circuit rejected an aging principle of maritime law in...more

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

Stoel Rives’ Oil & Gas Team has been monitoring bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. June 2, 2017 was the deadline by which the Legislature was required to pass...more

U.S. Fifth Circuit Greenlights Contribution Action for Purely Economic Damages Under Oil Pollution Act (OPA)

by Liskow & Lewis on

In Settoon Towing, L.L.C. v. Marquette Transportation Company, L.L.C., No. 16-30459 (5th Cir. Jun. 9, 2017), the United States Fifth Circuit Court of Appeals held for the first time that a Responsible Party under the Oil...more

Transnational Class Action Dispute Over Oil Spill Commenced in Australia

by Jones Day on

Following the 2009 Montara Oil Field oil spill in the Timor Sea, an Indonesian seaweed farmer brought a class action in Australia against the operator of the Montara Oil Field. The action was commenced on behalf of a class of...more

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