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Energy Storage Safety Strategic Plan Released By Department Of Energy

Earlier this month, the Office of Electricity Delivery and Energy Reliability of the U.S. Department of Energy issued the “Energy Storage Safety Strategic Plan.”  The Plan recognizes energy storage as an emerging integral component of a developing resilient grid.  The Plan is designed to ensure the safe application and use of energy storage.  The Plan discusses and reviews three linked...

Indictments In West Virginia Water Contamination Case Reminder Of Potential Criminal Consequences

Six owners, managers, and employees of the company that owned the West Virginia storage facility that leaked chemicals into the Elk River and contaminated the Charleston area’s water supply in January 2014 were charged criminally yesterday with violations of the Clean Water Act.  The U.S. Attorney for the Southern District of West Virginia indicted four individuals for failing to...

BOEM Increases OPA Liability Limit To $133.65 Million

The Bureau of Ocean Energy Management issued a final rule yesterday that increases the limit of liability for damages caused by any Responsible Party for an offshore facility from which oil is discharged, or which poses a substantial threat of an oil discharge, as described in the Oil Pollution Act of 1990, from $75 million to $133.65 million.  The agency announced that the rule...

Insurer Has To Defend Claims Involving Alleged Defective CNG Fuel Filtration Equipment

Company A, a gas company, purchases compressed natural gas (“CNG”) fuel filtration equipment from Company B in August 2011.  According to Company A, the equipment failed to conform to its specifications and failed to remove the appropriate amount of oil from the CNG fuel.  Subsequently, Company A’s customers reported oil contamination and resultant loss of the use of...

Tenth Circuit Finds Indemnity Clause Unenforceable Under Fair Notice Rule In Pipeline Case

While building a water pipeline in the 1970s, a construction company engaged a contractor to perform some of the work.  In a 190-page plus contract, the construction company promised to indemnify the contractor for claims resulting from the construction company’s work.  During construction, the construction company accidentally hit a methanol pipeline and caused a leak, but the...

Bypassing Pollution Control Devices Costly For Shipowner Following Coast Guard Sanctions

In 2010, the U.S. Coast Guard inspected a Norwegian-flagged oceangoing tank vessel while it was docked in Corpus Christi, Texas.  Based on inspections, witness statements, and evidence collected from the vessel, the U.S. Coast Guard concluded that the ship’s pollution control devices were inoperable or had been disarmed and that the ship failed to comply with her own Safety...

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