oil spills

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 …

Pipeline Expansion Project May Proceed After Ct Upholds Validity of Easement Read More »

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, …

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

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 …

GAO Report Discusses Concerns About Pipelines Used For Fracking Operations Read More »

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 …

Bankruptcy Discharge Bars Claim of Purchaser Agst Former Oil Well Operator Read More »

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 …

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

California Appeals Court Rules Reopening of NFA Letter Does Not Trigger Contractual Indemnification

Anyone who has negotiated the purchase of a gas station is aware that these agreements are incredibly complex. The contracts have dense definitions, dependent and inter-related provisions, and grant broad discretion to the sellers in determining the scope and conduct of the cleanup. A buyer who does not retain an environmental attorney who has previously …

California Appeals Court Rules Reopening of NFA Letter Does Not Trigger Contractual Indemnification Read More »

5th Circuit Says OPA Third Party Defense Does Not Apply to Indirect Fueling Arrangements

The United States Court of Appeals for the Fifth Circuit recently had the opportunity to explore the scope of the Oil Pollution Act (OPA) third party defense  in Buffalo Marine Services, Inc. v. United States, 663 F.3d 750 (5th Cir. 2011). While the OPA third party defense set forth at set forth at 33 U.S.C.S. …

5th Circuit Says OPA Third Party Defense Does Not Apply to Indirect Fueling Arrangements Read More »

Deepwater Horizon Ct Clarifies Liability of Responsible Parties

In the most recent ruling from the court involving 2010 Gulf Oil Spill, the federal district court held that Transocean as owner of the mobile offshore drilling unit (MODU) was only liable for removal costs incurred by the government for discharges of oil that occurred on the surface  while BP and Anadarko were jointly liable …

Deepwater Horizon Ct Clarifies Liability of Responsible Parties Read More »

Abandoned USTs Continue To Haunt Landlords With Old Leases

Many commercial properties are subject to old leases that were originally negotiated prior to the advent of environmental laws. These leases not only do not address environmental issues but also may contain clauses that can create liability for landlords when the property contains USTs. One of the more problematic clauses in old leases are those …

Abandoned USTs Continue To Haunt Landlords With Old Leases Read More »

Court Interprets Scope of Indemnity Clauses Involving Deepwater Horizon Gulf Oil Spill

As the trial date for the sprawling Deepwater Horizon Gulf Oil Spill litigation date rapidly approaches, the federal district court has been busy issuing decisions to help refine the issues. Two of these opinion involved interpreting the scope of contractual indemnities-one of our favorite topics. The first opinion involved cross-motions for partial summary judgment filed …

Court Interprets Scope of Indemnity Clauses Involving Deepwater Horizon Gulf Oil Spill Read More »

Scroll to Top