News & Analysis as of

Underground Storage Tanks

Storage Tank/Licensing Enforcement: Arkansas Department of Environmental Quality and Strong, Arkansas Storage Tank Owner Enter...

The Arkansas Department of Environmental Quality (“ADEQ”) and Dimum, Inc. dba Jade Foods (“DI”) entered into a January 20th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control and...more

Abandoned Underground Storage Tanks: December 2017 Association of State and Territorial Solid Waste Management Officials Report

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a December 2017 report titled: Summary of State Programs and Data on Abandoned Underground Storage Tanks and Facilities...more

Underground Storage Tanks: Petroleum Marketers Association of America Requests that U.S. Environmental Protection Agency Delay...

The Petroleum Marketers Association of America (“PMAA”) sent a December 15th letter to United States Environmental Protection Agency (“EPA”) Administrator Scott Pruitt asking that the federal underground storage tank (“UST”)...more

Underground Storage Tank Enforcement: Arkansas Pollution Control and Ecology Commission Administrative Law Judge Order Addressing...

Arkansas Pollution Control and Ecology Commission Administrative Law Judge (“ALJ”) Charles Moulton issued a November 15th Order addressing a Notice of Violation (“NOV”) by the Arkansas Department of Environmental Quality...more

Underground Storage Tanks/Airport Hydrant Systems: U.S. Environmental Protection Agency Addresses Question Regarding Aviation Fuel...

The United States Environmental Protection Agency (“EPA”) periodically updates a “Compendium” which addresses revisions to the Resource Conservation and Recovery Act, Subtitle I, Underground Storage Tank (“UST”)...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

Underground Storage Tank Closure/Environmental Assessment: Commonground Blog Post Asks Whether A Data Gap is Considered a...

A September 14th post on the blog Commonground asks if there is a scenario where a Data Gap/Data Failure is considered a recognized environmental condition (“REC”). The blog provides a forum to discuss a variety of issues...more

New Jersey Court Holds Pollution Exclusion Inapplicable to Unintentional Contamination

In its recent decision in Benjamin v. State Farm Ins. Co., 2017 U.S. Dist. LEXIS 131078 (D.N.J. Aug. 17, 2017), the United States District Court for the District of New Jersey had occasion to consider the scope of the...more

Insurance Coverage – Has a “Collapse” occurred?

by Low, Ball & Lynch on

Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Co. - Court of Appeal, Second Appellate District (July 3, 2017) - Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Co. (“Tustin”), was an insurance coverage...more

Environmental Issues that Arise in Retail and Other Commercial Businesses

by Murtha Cullina on

Owners, lessors, lessees, and developers of retail and other commercial properties are often unaware of the scope of environmental laws that apply to their businesses and/or properties. Unfortunately, they often become aware...more

Reconsidering Helium Production on Federal Lands Amid Privatization of Federal Helium Reserve

by Stoel Rives LLP on

On Wednesday the Bureau of Land Management (BLM) will auction helium stored in its Cliffside Field underground storage facility in west Texas (aka the Federal Helium Reserve). This annual auction under the Helium Stewardship...more

Court Finds That Split in Underground Storage Tank is Not a Covered Collapse

In Tustin Field Gas & Food v. Mid-Century Ins. Co. (No. B268850, filed 7/3/17), a California appeals court ruled that a split in an underground storage tank, caused by the tank sitting on a rock for years, was not a covered...more

Natural Gas Pipeline and Underground Storage: Recent Developments in Pipeline Safety

by Latham & Watkins LLP on

This Client Alert notes two recent updates in the area of natural gas pipeline and underground natural gas storage safety. Latham & Watkins will continue to provide updates as additional events unfold in this area of rapid...more

Federal and State Regulation of the Safety of Pipelines and Underground Natural Gas Storage Facilities

by Latham & Watkins LLP on

This White Paper provides general background on the regulation of natural gas pipelines with special emphasis on underground storage, as context for recent and ongoing developments in this area by the Pipeline and Hazardous...more

Valuation Of “Different” Property In Condemnation — Does a Developed Market Exist?

When real property interests are acquired by the power of eminent domain, the owner is entitled to receive “just compensation” in the form of fair market value for the property taken....more

Missouri Petroleum Storage Tank Liability to Shift From Tank Owners and Operators to Property Owners

by Lathrop Gage on

Beginning January 1, 2018, Missouri's Underground and Aboveground Petroleum Storage Tanks laws will shift environmental liability from the "owner or operator of one or more petroleum storage tanks" to the "current legal owner...more

EIB Energy Highlights: FERC Nominees to Restore Quorum, Clean Power Plan Rescission, Infrastructure Bills & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Changes in gas transit regulations

by Dentons on

Customs warehouse regime for extended gas storage by foreign gas traders and introduction of backhaul transactions - Ukraine now allows VAT-free temporary storage for up to 1095 days (3 years) of natural gas by gas traders...more

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

by Nossaman LLP on

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more

Academic Institutions: Do You Still Have a Single-Walled Steel Underground Storage Tank?

by Beveridge & Diamond PC on

Massachusetts state regulations require that all single-walled USTs be removed or closed-in-place by August 7, 2017. Most tanks installed prior to 1970 (and in some cases later) were single-walled steel tanks. Such tanks...more

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

by Stoel Rives LLP on

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

PHMSA Sets Standards to Enhance Safety of Underground Natural Gas Storage Facilities

by Morrison & Foerster LLP on

On December 14, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA), a division of the Department of Transportation (DOT), issued an Interim Final Rule (the “IFR”) to implement safety standards for the...more

PHMSA Sets Safety Standards for Underground Gas Storage Facilities

by Morgan Lewis on

Operators of underground storage facilities will need to assess the operational safety of their facilities and document the implementation of safety solutions....more

PHMSA Issues Interim Final Rule on Underground Natural Gas Storage Safety - Incorporation of Industry Recommended Practices to...

by King & Spalding on

On December 14, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued an Interim Final Rule (IFR or Rule) addressing critical safety issues related to downhole facilities, including wells, wellbore...more

North Carolina Begins Using Risk-Based Corrective Action at High Risk UST Sites

by Williams Mullen on

The North Carolina Department of Environmental Quality (NCDEQ) has issued guidance for remediation of petroleum groundwater contamination from leaking underground storage tanks (USTs). Its North Carolina Petroleum UST Release...more

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