Dredging Barge Did Not Have To Adhere To One-Call System Before Anchoring In Pipeline Case
Posted on Sep 14, 2014 in Energy/Environmental, Transportation | Comments Off on Dredging Barge Did Not Have To Adhere To One-Call System Before Anchoring In Pipeline Case
Following an allision between a dredging barge and an underwater oil pipeline, the owners of the pipeline brought suit contending that the barge owner/operator failed to notify the Louisiana One Call Notification Center of its intent to anchor its location by lowering its ladder and cutter head (which allegedly damaged the pipeline). As mandated by the U.S. Department of...
Louisiana Federal Court Allows Most Claims Alleging Exposure To Radioactive Oilfield Waste Materials To Continue
Posted on Sep 7, 2014 in Energy/Environmental, Litigation, Product Liability | Comments Off on Louisiana Federal Court Allows Most Claims Alleging Exposure To Radioactive Oilfield Waste Materials To Continue
Following alleged occupational exposure to radioactive oilfield waste materials, a group of plaintiffs (including workers and their surviving spouses and children) sued a number of oil companies and their contractors alleging negligence, strict liability, intentional tort, and a claim for punitive damages. The U.S. District Court for the Eastern District of Louisiana allowed most of...
Non-Stormwater Discharges Of Coal Into Alaska Bay Not Shielded From Clean Water Act Liability
Posted on Sep 6, 2014 in Construction, Energy/Environmental, Transportation | Comments Off on Non-Stormwater Discharges Of Coal Into Alaska Bay Not Shielded From Clean Water Act Liability
The Ninth Circuit held that a Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (a general permit issued under EPA’s National Pollutant Discharge Elimination System (“NPDES”)) does not shield non-stormwater discharges of coal from Clean Water Act liability. The court reversed the U.S. District Court for the District of Alaska’s decision finding...
Directional Driller’s Employee’s Claims Against Lease Owner And Drilling Contractor Defeated On Summary Judgment
Posted on Sep 3, 2014 in Energy/Environmental | Comments Off on Directional Driller’s Employee’s Claims Against Lease Owner And Drilling Contractor Defeated On Summary Judgment
The Texas owner of a North Dakota oil and gas lease contracted with a drilling company to provide a drilling rig and drilling services (the “drilling contractor”), and also contracted with another company to perform directional drilling services (the “directional driller”). In September 2012, wind blew a tear in a plastic liner covering the ground surface at the well site, which...
New Jersey Federal Court Denies Request For Class Certification In Train Derailment Case
Posted on Sep 2, 2014 in Energy/Environmental, Transportation | Comments Off on New Jersey Federal Court Denies Request For Class Certification In Train Derailment Case
The U.S. District Court for the District of New Jersey denied a request for class certification for individuals and business who suffered economic losses as a result of a train derailment that resulted in the release of toxic chemicals. The plaintiffs in the case moved to certify two putative economic loss classes: (1) individuals who resided within the evacuation zone and had...
Subcontractor’s Insurer Owes Duty To Defend Contractor For Liability Suits Arising From Fatal Fireworks Explosion
Posted on Aug 28, 2014 in Energy/Environmental, Litigation | Comments Off on Subcontractor’s Insurer Owes Duty To Defend Contractor For Liability Suits Arising From Fatal Fireworks Explosion
Company A had a contract with the federal government to destroy seized fireworks and hired Company B to actually destroy them. While Company B was in the process of destroying the fireworks, an explosion occurred that killed five Company B employees. Multiple liability suits followed. Company A’s insurer has paid more than $1.5 million in defense of the liability suits and brought...
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