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Oil Spills Clean Water Act

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

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

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

Allen Matkins

California Environmental Law & Policy Update - 4.14.23

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A federal judge in North Dakota on Wednesday temporarily blocked implementation of a Biden administration rule establishing protections under the federal Clean Water Act for seasonal streams and wetlands in 24 states....more

Allen Matkins

California Environmental Law & Policy Update - 3.03.23 - #1

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Idaho has joined a Texas lawsuit over a new interpretation of the Clean Water Act’s “waters of the United States” (WOTUS) rule, alleging that it is too vague, oversteps the bounds of federal authority, and puts the liberties...more

Allen Matkins

California Environmental Law & Policy Update - September 2022 #2

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California becomes first state to test drinking water for microplastics - San Francisco Chronicle – September 7 - On Wednesday, California became the first state to begin requiring water agencies to test for microplastics,...more

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

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Union Pacific Railroad Company Enter into...

The United States Environmental Protection Agency (“EPA”) and Union Pacific Railroad Company (“UP”) entered into a Consent Agreement (“CA”) addressing an alleged violation of Section 311 of the Clean Water Act. See Docket No....more

Harris Beach PLLC

Court Orders EPA to Take Final Action on Rules Regarding Dispersant Chemicals Used In Mitigating Ocean Oil Spills

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The U.S. District Court for the Northern District of California has ruled that the Environmental Protection Agency (“EPA”) “delayed unreasonably” by waiting at least six years to finalize draft regulations updating its 1994...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Law – The Year in Review

JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

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

Oil Spill Response Plan/Clean Water Act: Federal Appellate Court Addresses Endangered Species Act/National Environmental Policy...

The United States Court of Appeals, Sixth Circuit (“Court”), in a June 5th opinion addressed a challenge to the Pipeline and Hazardous Materials Safety Administration’s approval of an oil pipeline response plan. See National...more

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

Oil Spill/SPCC Enforcement: U.S. Environmental Protection Agency and Beltsville, Maryland Vegetable Oil Recycler Enter into...

The United States Environmental Protection Agency (“EPA”) and Storm Oil, LLC (“Storm”) entered into a December 30th Consent Agreement (“CA”) addressing alleged violations of Section 311 of the Clean Water Act. See Docket No....more

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

Clean Water Act Enforcement: U.S. Environmental Protection Agency/State of Arkansas Enter into Consent Agreement with Magnolia,...

The United States Environmental Protection Agency entered into a Consent Decree (“Decree”) with Delek Logistics Operating, LLC, and Sala Gathering Systems, LLC, (collectively Delek) to address alleged violations relating to a...more

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

Section 311/Clean Water Act: U.S. Environmental Protection Agency and Wyoming Wellhead Operator Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Marathon Oil Company (“Marathon”) entered into a May 8th Consent Agreement (“CA”) addressing an alleged violation of Section 311 of the Clean Water Act. See Docket...more

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

Worst-Case Spill Regulations/Clean Water Act: Natural Resources Defense Council Law Suit Alleging U.S. Environmental Protection...

Three environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Southern District of New York against the United States Environmental...more

Baker Donelson

Unsmooth “Operator” – Fifth Circuit Holds Tug Owner Liable Under OPA as “Operator” of Non-Owned Dumb Oil Barge

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In an important decision of first impression construing the Oil Pollution Act of 1990 (“OPA,” 33 U.S.C. §§2701 et seq.), the Fifth Circuit has held the owner and operator (“Nature’s Way”) of a “dominant mind” tugboat liable...more

Allen Matkins

California Environmental Law & Policy Update - September 2018 #2

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Focus - California commits to eliminating all carbon sources of electricity by 2045 - REUTERS - Sep 10 Governor Jerry Brown on Monday signed into law Senate Bill 100, which requires the state to source electricity from...more

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

311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Leominster, Massachusetts Oil Company Enter into...

The United States Environmental Protection Agency (“EPA”) and Fraticelli Oil Company (“FOC”) entered into an April 23rd Expedited Settlement Agreement (“ESA”) for alleged violation of Section 311(b)(3) of the Clean Water Act....more

Stoel Rives - Environmental Law Blog

Following Ninth Circuit’s Lead, Fourth Circuit Expands CWA Jurisdiction to Groundwater Where “Connection” to Navigable Waters...

Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the...more

Farella Braun + Martel LLP

Fourth Circuit Joins Ninth Circuit in Expanding Clean Water Act Jurisdiction Over Discharges to Navigable Waters Conveyed Through...

Unpermitted point source discharges that reach navigable waters indirectly, via groundwater, may lead to Clean Water Act (CWA) liability according to the Fourth Circuit Court of Appeals (encompassing Maryland, Virginia, North...more

Davis Wright Tremaine LLP

Weighing the Costs and Risks of Litigation

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

Williams Mullen

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

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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

Pillsbury Winthrop Shaw Pittman LLP

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

Pillsbury - Gravel2Gavel Construction & Real...

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

Spilman Thomas & Battle, PLLC

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

Foley Hoag LLP - Environmental Law

Courts Must Determine The Economic Benefit Of Noncompliance In Assessing CWA Penalties

It is well-known that the “economic benefit of noncompliance” is one of the factors to be evaluated in setting penalties under the Clean Water Act. Thus, it is not surprising that, after an oil spill at Citgo’s facility in...more

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