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Oil & Gas Environmental Liability

Bennett Jones LLP

Redefining Corporate Disclosure of Material Change

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The Potential Impact of the Supreme Court of Canada's Decision in Lundin Mining Corporation v. Markowich - As the Supreme Court of Canada (the SCC) prepares to deliver its decision in Lundin Mining Corporation v Dov...more

Bennett Jones LLP

Supreme Court of Canada Dismisses Leave-on-Leave in Mantle Materials Group: The Priority of Environmental Obligations Extends...

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In late May, the Supreme Court of Canada (the SCC) denied an application for leave to appeal a decision of the Court of Appeal of Alberta (the ABCA), which, in turn, had denied leave to appeal of the decision of the Court of...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published March 2023

Immigration - Judge Wright of the Central District of California certified a class alleging that U.S. Immigration and Customs Enforcement officers violated the Fourth Amendment’s prohibition on unreasonable searches and...more

Robinson+Cole Environmental Law +

Court Denies Class Certification in Illinois Oil Spill Case

On October 5, 2021, the United States District Court for the Southern District of Illinois denied the plaintiffs’ Motion for Class Certification in Morr v. Plains All American Pipeline, LLC 2021 WL 4478660 (S.D. Illinois,...more

Morgan Lewis - Power & Pipes

Delaware River Basin Commission Converts Fracking Moratorium into Permanent Ban

The Delaware River Basin Commission (DRBC) on February 25, 2021, approved a new regulation formally prohibiting high-volume hydraulic fracturing (HVHF), or fracking, in the Delaware River Basin. The final rule makes permanent...more

Morgan Lewis - Power & Pipes

Department of Energy Predicts Substantial Impact From Fracking Ban

The US Department of Energy submitted a report to the president last month on “Economic and National Security Impacts under a Hydraulic Fracturing Ban.” This 80-page report analyzed the effects of a hypothetical United States...more

Cozen O'Connor

Submarine Power Transmission Cables Subject to OPA

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The U.S. Court of Appeals for the Second Circuit recently reversed a lower court decision that held that the release of thousands of gallons of oil from a submarine power-transmission cable into Long Island Sound was not...more

Akin Gump Strauss Hauer & Feld LLP

The Coming Decommissioning Wave in Southeast Asia: What to Expect and the Relevance of Experiences in the North Sea and U.S. Gulf...

Southeast Asia appears set to become the next key market in the decommissioning of offshore oil and gas assets. With an estimated 200 offshore fields likely to stop producing by 2030, comprising more than 1,500 platforms and...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - July 2019 #3

Judge Rules Against Oil Companies to Keep Climate Liability Case in Rhode Island - "The ruling will allow Rhode Island prosecutors to continue to bring charges against 21 oil and gas producers including Chevron, Shell and...more

Bennett Jones LLP

The Supreme Court of Canada Rules in Orphan Well Case

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The Supreme Court of Canada ("SCC") today released its long-awaited decision in Orphan Well Association et al v Grant Thornton Limited et al, 2019 SCC 5. The SCC allowed the appeal and held that Alberta's regulatory regime...more

Gray Reed

Colorado Oil and Gas Survives Another Challenge

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The Colorado oil and gas industry breathed a collective sigh of relief when the state Supreme Court announced its unanimous decision in Colorado Oil and Gas Conservation Commission v. Martinez. ...more

Eversheds Sutherland (US) LLP

Texas grand jury indicts Arkema and company executives over Hurricane Harvey emissions

On August 3, 2018, a grand jury in Houston, Texas, indicted chemical manufacturer Arkema North America, Inc. (Arkema), its CEO and a manager at the manufacturer’s Crosby, Texas, plant on criminal charges for the “reckless...more

Robinson+Cole Manufacturing Law Blog

Climate Change Nuisance Lawsuit Dismissed

This week, a California federal court dismissed a lawsuit brought by two cities against a number of large oil companies seeking to force the companies to fund the cities’ climate change adaptation efforts. The Court held...more

Pillsbury Winthrop Shaw Pittman LLP

A New Path to Managing Risks from Upstream Oil and Gas Transactions

EPA incentivizes new owners to conduct compliance audits by offering penalty forgiveness for violations found. EPA’s newest enforcement proposal offers companies in the oil and gas production sector a valuable opportunity...more

A&O Shearman

No parent company duty of care for Niger Delta claims

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The Court of Appeal has ruled that the English courts do not have jurisdiction over claims by victims of oil leaks from pipelines in the Niger Delta. The judgment comes after the Lungowe & ors v Vedanta Resources Plc [2017]...more

Bennett Jones LLP

BC Seeks Feedback and Engagement on Second Phase of the Spill Response Regime

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Phase-2 to BC’s Spill Response Regime - The British Columbia government is moving forward with the second phase of spill regulations, announcing further stakeholder engagement on important elements, such as spill response...more

Bennett Jones LLP

Implication of Daishowa to Purchasers

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Since the decision of the Supreme Court of Canada in Daishowa-Marubeni International Ltd. v. Canada, 2013 SCC 29 [Daishowa], clarity exists for how a vendor treats abandonment obligations on the sale of resource...more

Bennett Jones LLP

Security for Costs Decision Allows Significant Recognition and Enforcement Appeal to Proceed

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On October 31, 2017, the Ontario Court of Appeal released the latest decision in a nearly 25-year legal saga being pursued on behalf of approximately 30,000 indigenous Ecuadorian villagers affected by environmental pollution...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2017#3

Trump is Still Pulling Out of Paris Agreement, Despite Chatter of a Reversal, Experts Say - "President Donald Trump is unlikely to reverse his position to pull out of the Paris climate agreement, despite the White House...more

Bennett Jones LLP

One Wrong Turn

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The road to the first class action against the Province of British Columbia - On May 3, 2017, the Honourable Justice Masuhara, of the British Columbia Supreme Court, certified the province’s first environmental class...more

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

Identifying and Addressing Environmental Issues in Petroleum Marketing Agreements (“Presentation”)

The Arkansas Oil Marketers Association Environmental Workshop was held on August 30th in Little Rock. I undertook a presentation titled: Identifying and Addressing Environmental Issues in Petroleum Marketing...more

Foley Hoag LLP - Global Business and Human...

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - July 2017 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a decision by the Ontario Superior Court of Justice addressing a...more

Gray Reed

Another Oil Field Contamination Plaintiff Waits Too Long

Gray Reed on

Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

A&O Shearman

Nuclear Liability in the UK: Implementation of the 2004 Protocols

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On May 4, 2016, the Nuclear Installations (Liability for Damage) Order 2016 (the “2016 Order”) entered into force in the United Kingdom. The 2016 Order, which implements the 2004 Protocols1 to the Paris Convention and...more

Perkins Coie

Environmental Liabilities in Oil & Gas Sales Under Bankruptcy Code Section 363

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Since the beginning of 2015, at least 77 companies in the oil and gas industry have sought bankruptcy relief in the United States. The flow of oil and gas company bankruptcies shows no sign of slowing down and, based on the...more

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