oil spills

EPA Guidelines on Building Debris and Demolition Following Natural Disaster

Cleanup activities related to homes and businesses damaged by hurricanes or other natural disasters can pose significant health and environmental challenges. Immediate and life-threatening conditions may arise from  leaking natural gas lines, and carbon monoxide poisoning from using un-vented fuel-burning equipment indoors. However, there are other serious hazards that are not immediately life threatening but …

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Helpful Federal Resources for Homeowners and Businesses Damaged By Sandy

The federal Department of Housing and Urban Development (HUD)  Office of Policy Development and Research (PD&R) has prepared a number of guides, brochures, reports and other resources to assist contractors and homeowners with flood-damaged homes and buildings. Following are links to some of these resources: Rehabbing Flooded Homes: A Guide for Builders and Contractors – This …

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Environmental Building Issues Following Hurricane Sandy

NY Building owners are grappling with a number of environmental issues associated with Hurricane Sandy. Following is a summary of the more common issues and regulatory initiatives announced by NYC Department of Buildings and the NY Department of Environmental Conservation (NYSDEC) to expediate cleanup and recovery efforts. Commercial and Residential Buildings With Flooded Basements/Parking Garages …

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Ct Rejects Stigma Claims in BP Oil Spill Litigation

While the 2010 Deepwater Horizon oil spill fades from memory, the federal district court assigned to resolve the hundreds of cases arising from the explosion, fire, and sinking of the Deepwater Horizon  mobile offshore drilling unit (“MODU”) has been busy issuing orders. These opinions have addressed complex questions of law involving the interplay of the …

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Documerica Project Captures Environmental Images From 1970s

New York City enjoyed classic fall weather last week with cloudless skies and crisp temperatures. Depending on how high your office or apartment was located, you could see all the way down to New York Harbor, see Yankee Stadium in the Bronx or Citifield where the Mets play. On days like these, it is hard …

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Pipeline Expansion Project May Proceed After Ct Upholds Validity of Easement

With the nation is in the middle of building pipeline infrastructure to transport natural gas from fracking operations as well as Canadian oil, I suspect we will see more case like Enbridge Pipelines (Ill.) L.L.C. v. Moore, 633 F.3d 602 (7th Cir. 2011) where landowners argued that a 1939 pipeline easement had expired. Presumably, the …

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Seller Allows Broker To Draft Environmental Condition and Then Loses Breach of Contract Case

Hager’s of Cohasset, Inc. v. Nelson, 2011Minn. App. Unpub. LEXIS 156 (Minn.Ct. App. Feb. 15, 2011) is yet another lesson from a long line of cases that illustrate the risks of not using counsel for commercial property transactions especially those have problematic environmental issues. In this case, the plaintiff operated a fuel-oil business. In October 2007, …

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GAO Report Discusses Concerns About Pipelines Used For Fracking Operations

Approximately 2.5 million miles of pipelines transverse the United States carrying hazardous liquids and natural gas from producing wells to end users (residences and businesses). Many of these pipeline networks are aging while others such as natural gas gathering pipelines remain largerly unregulated. Moreover, development has encroached on many of pipelines that were formerly located …

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Bankruptcy Discharge Bars Claim of Purchaser Agst Former Oil Well Operator

In Shelton Property Rural Acreage, LLC v Placid Oil Co., 2011 U.S. App. LEXIS 16681 (5th Cir. 8/10/11), Placid Oil operated oil wells on leased property from 1942 to 1956. In 1986, Placid filed a chapter 11 bankruptcy proceeding. The bankruptcy court issued a confirmation order in 1988 that contained a discharge of all claims …

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Statute of Limitations Bars Purchaser’s Claim For 1981 Pipeline Spill

In Carolyn Vickers Inc. v. Unocal Corp., 2011 Cal. App. Unpub. LEXIS 9642 (Ct. App-2nd Dist. 12/19/11), Alan Little Ventures (ALV) purchased a 4.1 acre tract of land in San Luis Obispo in 2005. The land had been subdivided into 17 lots by the sellers, Phyllis and Alex Madonna (the “Madonnas”), and was zoned for …

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