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|No Class Certification for Nuisance Claimants Based on “Fear of Contamination”|
Ryan C. McKim; Morris Polich & Purdy LLP;
February 23, 2016, previously published on February 11, 2016In Smith v. ConocoPhillips Pipe Line, 801 F.3d 921 (8th Cir. 2015), the Eighth Circuit reversed the district court’s certification of a class action lawsuit brought by landowners against Phillips 66 (“Phillips”) for nuisance. The Eighth Circuit held that “fear of...
|Cost of Recovering Sunk Oil Barrels Not Covered Under Pollution Endorsement Where Barrels did not Leak Oil into Ocean|
Robin Singer; Morris Polich & Purdy LLP;
February 23, 2016, previously published on February 8, 2016The Ninth Circuit held that a pollution endorsement in an ocean marine liability policy that covered the “discharge, dispersal, release, or escape” of pollutants did not include the insured's clean-up costs where no contaminants had leaked into the environment.
|OPA’s Expansive Definition of “Responsible Party”|
Richard E. Stultz; Morris Polich & Purdy LLP;
February 23, 2016, previously published on February 11, 2016The Oil Pollution Act (OPA) places the burden of cleanup on those responsible for oil spills. In a recent decision, the U.S. District Court for the Eastern District of Texas held that the OPA’s definition of “responsible party” does not, as a matter of law, exclude former owners...
|SCOTUS Stays the Implementation of the Clean Power Plan|
Barry A. Naum, Derrick Price Williamson, David L. Yaussy; Spilman Thomas & Battle, PLLC;
February 18, 2016, previously published on February 11, 2016The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the Clean Power Plan represents President Obama's primary...
|Regulations and More Regulations: Pa. Proposes Methane Reductions|
James D. Elliott; Spilman Thomas & Battle, PLLC;
February 18, 2016, previously published on February 8, 2016On January 19, 2016, Pennsylvania Governor Tom Wolf announced a framework for reducing methane emissions from the oil and gas sector in the state. The Governor touted that as the second-largest producer of natural gas in the nation, “Pennsylvania is uniquely positioned to be a national leader...
|The Best Protection: Safeguards in Purchasing Distressed Oil and Gas Assets|
William M. Herlihy; Spilman Thomas & Battle, PLLC;
February 18, 2016, previously published on February 8, 2016In the current environment of depressed prices for oil, natural gas and related liquids, oil and gas wells, leases and properties are coming on to the market for sale. These assets typically are made available through either bankruptcy proceedings by exploration and production companies or...
|Supreme Court Orders Temporary Halt to Clean Power Plan|
Joshua L. Belcher, Jay Holloway, Liz Williamson; Sutherland Asbill & Brennan LLP;
February 15, 2016, previously published on February 12, 2016On February 9, the U.S. Supreme Court delivered a major setback to the Obama Administration’s efforts to curb emissions of carbon dioxide from existing power plants in the U.S. In a 5-4 split decision, the Court granted several applications to stay the effectiveness of the U.S. Environmental...
|FERC Releases Environmental Assessment for Cameron LNG Trains 5 and 6|
Sutherland Asbill Brennan LLP;
February 15, 2016, previously published on February 12, 2016FERC has released its Environmental Assessment Report (EA) for Cameron LNG’s proposal to construct two additional liquefaction trains, Trains 5 and 6, at its LNG export terminal under construction near Hackberry, La. The EA concludes that, with recommended mitigation measures, construction of...
|Stationary Sources No Longer Major Sources for Title V/PSD Purposes Based Solely on GHG Emissions|
Taylor Porter Brooks Phillips L.L.P.;
February 12, 2016, previously published on February 1, 2016LDEQ proposes to delete the major source threshold for greenhouse gases (GHGs), i.e., 100,000 tons per year (tpy) of carbon dioxide equivalents (CO2e), from the definitions of "major source" and "major stationary source," in its regulations governing Part 70 (Title V) operating...
|California Finalizes New "Lead Agency Website" Rulemaking under Proposition 65|
Leslie T. Krasny, Natalie E. Rainer, David G. Sarvadi; Keller and Heckman LLP;
February 12, 2016, previously published on February 4, 2016California’s Office of Environmental Health Hazard Assessment (OEHHA), which administers Proposition 65, has finalized a rule that will establish a “Lead Agency Website” to provide additional information to consumers on exposure to listed chemicals.