Expert Opinion Evidence Necessary To Prove General Causation In Benzene-Exposure Case Involving Gas Station Worker
Posted on Aug 11, 2014 in Energy/Environmental, Investigations, Product Liability | Comments Off on Expert Opinion Evidence Necessary To Prove General Causation In Benzene-Exposure Case Involving Gas Station Worker
In a products liability action against oil and gas companies in which the surviving spouse of a gas station worker claimed that the decedent’s exposure to benzene-containing gasoline caused his acute myeloid leukemia (“AML”), the U.S. District Court for the Eastern District of Louisiana denied the plaintiff’s partial summary judgment motions on a number of issues last week. The...
PHMSA Issues Final Rule Prohibiting Hazmat Operations By Persons With Unpaid Civil Penalties
Posted on Aug 7, 2014 in Energy/Environmental, Investigations, Transportation | Comments Off on PHMSA Issues Final Rule Prohibiting Hazmat Operations By Persons With Unpaid Civil Penalties
Yesterday, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule prohibiting companies who fail to pay a civil penalty as ordered, or who fail to abide by a payment agreement, from performing activities regulated by the Hazardous Materials Regulations (49 CFR Parts 171-180) until payment is made. The rulemaking was conducted pursuant to the Moving...
Case Against Landfill Operator Involving Waste From January Chemical Leak In West Virginia Proceeds
Posted on Aug 7, 2014 in Energy/Environmental, Litigation | Comments Off on Case Against Landfill Operator Involving Waste From January Chemical Leak In West Virginia Proceeds
The chemical leak that contaminated the drinking water for thousands of residents around Charleston, West Virginia in January continues to spring new litigation despite the owner of the storage site having filed for bankruptcy. One of the nearby county commissions and a town within that county filed suit in May against the operator of a landfill where 228 tons of waste containing the...
Fines And Jail Time Follow Dumping Fracking Wastewater In Violation Of The Clean Water Act
Posted on Aug 6, 2014 in Energy/Environmental, Investigations | Comments Off on Fines And Jail Time Follow Dumping Fracking Wastewater In Violation Of The Clean Water Act
An Ohio federal judge sentenced the former owner of an oil and gas services contractor to 28 months in jail and ordered him to pay a $25,000 fine for dumping fracking wastewater in violation of the Clean Water Act (CWA). The defendant had pled guilty to one count of making an unpermitted discharge for ordering an employee to discharge the fracking wastewater more than 30 times over a...
Federal Court Rejects Argument That New York MTBE Case Created New Standard Of Causation
Posted on Aug 6, 2014 in Construction, Energy/Environmental | Comments Off on Federal Court Rejects Argument That New York MTBE Case Created New Standard Of Causation
The U.S. District Court for the Southern District of New York granted summary judgment to an American chemical company on claims by a group of Indian plaintiffs for property damage incurred by hazardous chemicals originating from a chemical manufacturing facility in Bhopal, India from 1969 to 1984. The American company was then the majority owner of the Indian company that owned the...
Texas Federal Court Sorts Through Expert Challenges In Insurance Coverage Dispute For Well Blowout
Posted on Aug 5, 2014 in Energy/Environmental, Investigations, Litigation | Comments Off on Texas Federal Court Sorts Through Expert Challenges In Insurance Coverage Dispute For Well Blowout
Following an oil well blowout in Reeves County, Texas in September 2011, the operator sought insurance coverage under a policy providing protection against well blowouts and reimbursement for costs and expenses reasonably incurred in bringing the well under control. When the operator filed its insurance claim for the expenses related to the clean-up and the re-drilling of a...
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