Eighth Circuit Emphasizes 60-Day Period To Seek Judicial Review Of OSHA Citations Is Strict Deadline
Posted on Jul 29, 2014
The Occupational Safety and Health Act permits an employer to challenge a citation issued by the Secretary of Labor before the Occupational Safety and Health Review Commission. When this is done, the Review Commission appoints an ALJ to hear the grievance and issue a decision. That ALJ decision becomes the final order of the Review Commission absent further discretionary action by the Review Commission on the “thirtieth day following the date of docketing of the Judge’s report.” 29 C.F.R. § 2200.90(d). The aggrieved employer, however, can seek judicial review by filing a petition “in...
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Grand Jury Returns Superseding Indictment Adding Obstruction Charges Following September 2010 Pipeline Explosion
Posted on Jul 29, 2014
A federal grand jury returned a superseding indictment charging a utility with obstruction of the National Transportation Safety Board’s (“NTSB”) investigation of a pipeline explosion in September 2010 that killed 8 people, injured 58 others, and damaged or destroyed more than 100 homes. The superseding indictment also alleges additional violations of the Natural Gas Pipeline Safety Act of 1968 The obstruction count is based on the utility allegedly providing NTSB a policy outlining how the utility addressed threats to its pipelines, and then withdrawing that policy as an “unapproved...
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Proposed Class Claims Against Railroad For Ohio Chemical Spill Withstand Motion To Dismiss
Posted on Jul 28, 2014
In November 2013, four railcars derailed in Willard, Ohio, one of which carried Styrene Monomer, which caused approximately 400 homes and thousands of residents to evacuate the area. A proposed class of those residents brought suit and alleged that the railroad negligently installed used rail in the location prior to the incident, failed to perform safety inspections, and failed to correct safety issues regarding the structural integrity of the rail. On Friday, the U.S. District Court for the Northern District of Ohio denied the railroad’s motion to dismiss and allowed the plaintiffs’...
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Punitive Damages Permissible In West Virginia Deliberate Intent Action But Only When “Specific Intent” Is Proven
Posted on Jul 27, 2014
While working on a pipeline, a worker was allegedly sprayed with dangerous chemicals that caused significant injuries. He brought suit against a number of companies alleging damages from the exposure, the unsuccessful attempts to shower off the chemicals and decontaminate him, and inappropriate medical treatment. Among the motions to dismiss filed, the U.S. District Court for the Southern District of West Virginia granted the motion of the worker’s employer (pipeline owner) to dismiss the plaintiff’s punitive damages claims against the employer. The worker’s claims against the employer...
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Wisconsin Federal Court Upholds 30-Day Challenge Provision In Retrospective Workers’ Compensation Policy
Posted on Jul 26, 2014
The U.S. District Court for the Western District of Wisconsin granted summary judgment to a workers’ compensation insurer on an insured’s counterclaim that compliance with a 30-day requirement for making challenges to payments under the workers’ compensation policy was not feasible. Under the parties’ retrospective workers’ compensation policy and a casualty insurance agreement, all amounts due to be paid from the insured to the insurer for past due premiums and expenses incurred in administering covered claims were required to be paid within 30 days unless the insured presented a written...
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Arbitration Award Of More Than $20 Million Against Texas Oil And Gas Company Allowed To Stand
Posted on Jul 25, 2014
In a case arising out of an oil and gas company’s mineral lease and operations in Hidalgo County, Texas, a group of landowners initiated a suit against the company to recover for environmental damages caused to the property. The plaintiffs alleged that the company deposited hazardous materials on the property that contaminated the soil and ground water, including mercury-contaminated iron sponge wood chips used in the production of natural gas. They also alleged that the company donated oilfield drilling pipe contaminated with naturally occurring radioactive materials for the construction...
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Department of Transportation Proposes Long-Awaited Rulemaking for Crude-by-Rail
Posted on Jul 23, 2014
Today, the U.S. Department of Transportation unveiled the details of its proposed rulemaking to address concerns about transporting large quantities of crude oil and ethanol by rail in a Notice of Proposed Rulemaking (NPRM) and companion Advanced Notice of Proposed Rulemaking (ANPRM). The NPRM applies to trains carrying 20 or more tank carloads of flammable liquids and includes new tank car standards, enhanced braking controls, reduced speeds, routing assessments, and a sampling and testing program for oils and gases shipped by rail. Additionally, it proposes the phase out of older DOT-111...
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