Insurance Policy’s Sublimit Applies Following Underground Storage Tank Leak
Posted on Oct 21, 2015 in Energy/Environmental, Litigation | Comments Off on Insurance Policy’s Sublimit Applies Following Underground Storage Tank Leak
Last week, the Second Circuit issued a summary order affirming a judgment of a district court involving the terms of a pollution and remediation liability policy. The policy denied coverage for loss “based upon or arising out of the existence of any underground storage tank(s) and associated piping” except for certain specified tanks and piping that was listed on an...
Pennsylvania Federal Court Sorts Through Claims Against Coke Plant, Dismisses Count For Punitive Damages
Posted on Oct 21, 2015 in Construction, Energy/Environmental, Product Liability | Comments Off on Pennsylvania Federal Court Sorts Through Claims Against Coke Plant, Dismisses Count For Punitive Damages
In a case involving a group of Pennsylvania plaintiffs that alleges injuries from “noxious odors and air particulates” allegedly emanating from a coke plant, the U.S. District Court for the Western District of Pennsylvania examined the plaintiffs’ claims in deciding a motion to dismiss last week. The court dismissed the plaintiffs’ public nuisance claim because...
Sixth Circuit Stays Implementation Of EPA’s “Clean Water Rule”
Posted on Oct 9, 2015 in Energy/Environmental, Litigation | Comments Off on Sixth Circuit Stays Implementation Of EPA’s “Clean Water Rule”
Earlier today, the Sixth Circuit stayed the implementation of the EPA’s “Clean Water rule,” which purported “through increased use of bright-line boundaries” to make “the process of identifying waters protected by the Clean Water Act easier to understand, more predictable and consistent with the law and peer reviewed science, while protecting the...
Court Declines To Certify Damages Class In West Virginia Water Contamination Case
Posted on Oct 9, 2015 in Energy/Environmental, Investigations, Product Liability | Comments Off on Court Declines To Certify Damages Class In West Virginia Water Contamination Case
In the litigation following the interruption of the Charleston, West Virginia water supply caused by a leaking chemical storage tank in January 2014, the U.S. District Court for the Southern District of West Virginia ruled yesterday that the plaintiffs could certify a class for determining liability, but refused to certify a class for purposes of establishing damages. The plaintiffs...
PHMSA Proposes New Pipeline Safety Regulations
Posted on Oct 6, 2015 in Energy/Environmental, Investigations, Process Safety | Comments Off on PHMSA Proposes New Pipeline Safety Regulations
The U.S. Department of Transportation’s Pipeline and Hazardous Safety Administration (PHMSA) announced proposed regulations to revise and update its pipeline safety standards and reporting requirements on October 1, 2015. The deadline to submit comments on the proposed rulemaking is January 8, 2016. PHMSA estimates that compliance with the proposed rule will cost the industry...
Refinery’s Insurance Claims Following Supply Interruption Caused By Pipeline Rupture Taken Up In Arkansas
Posted on Sep 28, 2015 in Energy/Environmental, Investigations, Litigation | Comments Off on Refinery’s Insurance Claims Following Supply Interruption Caused By Pipeline Rupture Taken Up In Arkansas
An Arkansas refinery received oil from a pipeline owned and operated by a third party. In 2007, the pipeline owner inspected the pipeline and identified anomalies at various locations. The inspection vendor, however, misidentified one anomaly as a seam weld unlikely to cause a failure but this particular weld anomaly caused the pipeline to rupture in April 2012. After the rupture,...
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