A federal court has thrown out key Endangered Species Act (ESA) analyses of oil and gas operations in the Gulf of Mexico, which will be vacated as of Dec. 20, 2024. The United States District Court for the District of...more
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
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more
A complaint was filed in the United States District Court for the District of Arkansas against ExxonMobil Pipeline Company, LLC and Mobil Pipe Line Company (collectively, “Exxon”) addressing the 2013 release of oil from the...more
The U.S. Supreme Court has declined to hear an appeal addressing whether a mixture of petroleum and chemicals constitutes “oil” under the Oil Pollution Act (OPA). In doing so, the Court has effectively rejected the efforts of...more
The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024...more
A lawsuit challenging the federal government’s interpretation of the U.S. Supreme Court’s latest ruling in Sackett v. EPA on waters of the United States, or WOTUS, was filed in U.S. District Court for the Eastern District of...more
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
On September 1, 2023, MassDEP issued final amendments to the Massachusetts Contingency Plan (“MCP”), the regulations governing the cleanup of releases of hazardous material and oil spills at contaminated properties. The MCP...more
Governor Gavin Newsom signed more than a dozen significant environmental bills over the weekend, including a first-in-the-nation law requiring corporations doing business in California with more than $1 billion a year in...more
Macy’s has been ordered to pay $1.6 million for environmental violations across its 98 California stores to settle a lawsuit filed by district attorneys from 25 California counties and two city attorneys. Macy’s “illegally...more
In June 2023, the New York State Department of Environmental Conservation (NYSDEC) adopted revisions to its petroleum bulk storage regulations 6 NYCRR Part 613. The amended regulations become effective on October 17....more
In the recent decision of Jalla and another v. Shell International Trading and Shipping Co Ltd and another, the UK Supreme Court held that a one-off oil spill did not represent a continuing nuisance regardless of the...more
On May 11, 2023, the U.S. Department of Justice (DOJ) announced the launch of its Puerto Rico and U.S. Virgin Islands (USVI) Environmental Crimes Task Force. This new task force will focus specifically on combating...more
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
In its recent decision in Jalla and another v Shell International Trading and Shipping Co Limited and another, the UK Supreme Court confirmed that a one-off oil spill was not a “continuing nuisance”....more
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
President Joe Biden unveiled a sweeping $6.8 trillion budget plan on Thursday that would increase federal spending on climate and clean energy programs while boosting pay for federal workers....more
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
Facing an onslaught of criticism that water was “wasted” during January storms, Governor Gavin Newsom on Monday issued an executive order authorizing the State Water Resources Control Board (SWRCB) to “consider modifying”...more
The U.S. Court of Appeals for the District of Columbia is set to rule on a challenge by an asphalt emulsions manufacturing company alleging that the EPA unlawfully required its facility to maintain a Facility Response Plan...more
In this edition of Faegre Drinker’s State Attorneys General Update, we discuss: • The California AG’s: • Plea deal with a pipeline operator relating to a 2021 oil spill...more
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
Section 218 of Alberta's Environmental Protection and Enhancement Act, RSA 2000, c E-12 (EPEA) is not available to extend the limitation period for a party liable for remediation costs to make claims against other alleged...more
City of San Diego sues 20-plus companies to force cleanup of PFAS contamination Bullet Times of San Diego - May 11 The San Diego City Attorney’s Office filed suit last Wednesday against more than 20 chemical companies for...more