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Adobe PDFClean Water Act Jurisdiction Over Discharges to Navigable Waters Via Hydrologically Connected Groundwater
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
February 24, 2016, previously published on February 11, 2016
In early January 2016, Duke Energy filed a motion for certification of an interlocutory appeal on the issue of whether the Clean Water Act (CWA) regulates discharges from an ash pond hydrologically connected to navigable surface waters via groundwater. Yadkin Riverkeeper Inc. et al. v. Duke Energy...

 

Adobe PDFLayering Stormwater Discharge Permits and the Clean Water Act - Puget Soundkeeper Alliance v. Cruise Terminals of America Illustrates the Importance of Recognizing the Limits of a Facility’s Industrial Discharge Permits
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
February 24, 2016, previously published on February 11, 2016
On November 20, 2015, the U.S. District Court for the Western District of Washington’s decision in Puget Soundkeeper Alliance v. Cruise Terminals of America illustrates the often complex nature of stormwater discharge permitting, where facilities may need a multitude of stormwater discharge...

 

Adobe PDFCost of Recovering Sunk Oil Barrels Not Covered Under Pollution Endorsement Where Barrels did not Leak Oil into Ocean
Robin Singer; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
The 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.

 

Adobe PDFSummary Judgment for a CERCLA Contribution Defendant - is it Appropriate Action when Their Share of Liability is 0%?
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 11, 2016
Although Blue Tee Corp. v. XTRA Intermodal, Inc. (S.D. Ill. 2015) WL 8007429 isn’t all that interesting by itself, it raises an interesting and unresolved issue in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) law. Specifically, is summary judgment...

 

Adobe PDFOPA’s Expansive Definition of “Responsible Party”
Richard E. Stultz; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 11, 2016
The 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...

 

Adobe PDFNo Class Certification for Nuisance Claimants Based on “Fear of Contamination”
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 11, 2016
In 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...

 

HTMLThe Best Protection: Safeguards in Purchasing Distressed Oil and Gas Assets
William M. Herlihy; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
February 18, 2016, previously published on February 8, 2016
In 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...

 

HTMLSCOTUS Stays the Implementation of the Clean Power Plan
Barry A. Naum, Derrick Price Williamson, David L. Yaussy; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
February 18, 2016, previously published on February 11, 2016
The 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...

 

HTMLRegulations and More Regulations: Pa. Proposes Methane Reductions
James D. Elliott; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
February 18, 2016, previously published on February 8, 2016
On 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...

 

HTMLFERC Releases Environmental Assessment for Cameron LNG Trains 5 and 6
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 15, 2016, previously published on February 12, 2016
FERC 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...

 


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