LexisNexis® Legal Newsroom
Oil from Gulf of Mexico spill may still be present, particularly on the Gulf floor

Prior posts have noted that the dispersants used in the BP spill had a longer than anticipated life in the Gulf. Additionally, prior posts have noted the evidence supporting the thesis that the oil was consumed by microbes unusually fast. Recently published evidence indicates that the latter assertion...

Coast Guard stumbles as it tries to preempt Massachusetts state law

The Massachusetts Oil Spill Prevention Act (OSPA) was enacted following an oil spill in Buzzards Bay. [As the appellate court notes, Buzzards Bay is a scenically beautiful body of water. See also http://en.wikipedia.org/wiki/File:Buzzards_Bay_map.png.] OSPA requires a tugboat escort for all tank vessels...

Did Gulf surface bacteria not find Deepwater Horizon oil to be a complete diet?

Prior posts have discussed various aspects of the Deepwater Horizon oil spill and its impact on the biota of the Gulf. Bioremediation has several goals. First, one uses nature to remediate contamination, saving significant sums. Second, the "food" (contaminant) should cause the bacteria to...

Let a thousand lawsuits bloom: The CAA is this week's favorite target

As noted in prior posts, EPA has proposed national standards for mercury and other toxic pollutant emissions from power plants. See http://www.epa.gov/airquality/powerplanttoxics/ . Now Guam and 25 states have filed a challenge to the regulations. The EPA is under court order to finalize the so-called...

Environmental Groups Sue Over Applicability of TRI Data

By E. Lynn Grayson A recent lawsuit filed by 10 environmental groups against EPA alleges that EPCRA Section 313 Toxic Release Inventory (TRI) reporting should apply to oil and gas extraction companies. The environmental groups want TRI data regulatory requirements about releases to the environment...

The Keystone XL Pipeline Veto: Much Ado ...

By J. Wylie Donald When one talks of pipelines in recent days one hears nearly an incessant buzz about Keystone XL, as if that is where the real action is. But it isn't, notwithstanding the histrionics over President Obama's veto of S.1, the Keystone XL Pipeline Approval Act. The real action...

Kawartha Oil Spill Cost Recovery Litigation Drags On

City of Kawartha Lakes taxpayers continue to pay heavily for the Ministry of the Environment’s 2009 order, which required the City to cleanup an oil spill that it did not cause. While everyone agreed that the City was an innocent victim of the spill, the Ministry saddled the City with $471,691...

Public Comment Period on PA Department of Environmental Protection's Oil and Gas Rulemaking Closes May 19

Environmental Client Alert The Pennsylvania Department of Environmental Protection’s (DEP’s) rulemaking regarding surface activities for oil and gas wells, Environmental Protection Performance Standards at Oil and Gas Well Sites (Chapters 78 and 78a), has received a significant amount...

Farms and the Water Resources Reform and Development Act (WRRDA)

By Jessica J.O. King Pursuant to the Clean Water Act’s Oil Spill Pollution, Prevention, Control and Countermeasures Rule (SPCC Rule) 1 , farmers and other oil storage and handling facilities are required to have an SPCC Plan to prevent oil spills into “Waters of the United States.”...

Enbridge Kalamazoo Oil Spill: State Consent Order

How are major oil spill claims handled in the US? For a fascinating glimpse across the border, Enbridge-consent-judgment is a copy of the multimillion dollar consent order between the State of Michigan and Enbridge over the billion dollar, three-million-litre oil spill into wetlands and the Kalamazoo...

New Jersey Assembly Unanimously Passes Bill Broadly Allocating Liability and Damages for Hazardous Substance Discharges from Offshore Drilling Platforms

The New Jersey Assembly has unanimously passed a bill, A4258, [subscribers can access an enhanced version of this bill: lexis.com | Lexis Advance ], which is notably broad in its language on allocating liability and damages for releases of hazardous substances from offshore drilling platforms. The bill...

OMB Begins Review of EPA Proposals to Curb Methane Emissions, Define Major Source

By Meredith Odato Graham In late June the U.S. Environmental Protection Agency (EPA) sent a highly-anticipated proposed rule to the White House Office of Management and Budget (OMB) for interagency review that would address methane emissions in the oil and natural gas sector. Earlier this year, EPA...

PA DEP Public Resource Proposed Rules – Will They Survive?

As reported in my June, 2015 article on this site, the DEP’s Chapter 78 rulemaking effort is not without its share of controversy and concern. Perhaps the biggest issue for the industry is the expansion of the “Public Resource” requirements in proposed Chapter 78 (Conventional Operations...

Oil Spills At Sea: Better Prevention and Cleanup

Some rare good news. Oil tanker spills into world oceans: there aren’t as many as there used to be, and they do not do as much damage as they used to do. According to the excellent newsletter of the International Tanker Owners Pollution Federation , both the number of oil spills and the quantity...