Oil Refinery Owner’s Convictions Related To Uncovered Equalization Tanks Reversed By Fifth Circuit
Posted on Sep 5, 2015 in Energy/Environmental, Investigations | Comments Off on Oil Refinery Owner’s Convictions Related To Uncovered Equalization Tanks Reversed By Fifth Circuit
Yesterday, the Fifth Circuit reversed a petroleum company’s criminal convictions under the Clean Air Act and the Migratory Bird Treaty Act (“MBTA”). The reversal vacated fines of $2 million under the Clean Air Act and $15,000 for each violation of the MBTA. In an unannounced inspection of a Texas refinery in 2012, state environmental inspectors discovered 130,000...
First Circuit Weighs In On Insurer’s Duty To Defend In Pollution Case
Posted on Sep 4, 2015 in Energy/Environmental, Litigation | Comments Off on First Circuit Weighs In On Insurer’s Duty To Defend In Pollution Case
Decades ago, a substantial oil spill occurred in the Salem, Massachusetts area on property owned by a museum. the pollution eventually migrated to the land of a down gradient neighbor, who brought a private claim against the museum. The Massachusetts Department of Environmental Protection issued a Notice of Responsibility to the museum. The museum made a demand on its insurer of...
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