Remove 2008 Remove Casing Remove Completion
article thumbnail

Fifth Circuit Reverses Summary Judgment in Oil Pollution Act Case

The Energy Law

OPA, however, also provides a responsible party with a complete defense to liability in the following circumstance: A responsible party is not liable.if Further, the responsible party for a vessel is any person owning or operating the vessel.

Casing 40
article thumbnail

Texas — Right to Arbitate Waived Without Proof of Prejudice to Opposing Party

The Energy Law

05-0882, 2008 Tex. LEXIS 423, 2008 WL 1922978 (Tex. May 2, 2008). After completing discovery and shortly before a scheduled trial date, the Culls asked the trial court to stay the lawsuit and compel arbitration. LEXIS 423 and at 2008 WL 1922978 Perry Homes v. Perry Homes filed two motions for protection.

Casing 40
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Supreme Court of Pennsylvania Weighs in on Hydraulic Fracturing and Subsurface Trespass

The Energy Law

1] Prior to the Pennsylvania ruling, there were two seminal cases that have addressed the issue and reached conflicting results. The court found that an actionable trespass claim requires an injury and that the only claimed injury in this case—drainage of gas from beneath the plaintiff’s property—was barred by the rule of capture. [3]

article thumbnail

U.S. Fifth Circuit Affirms $20 Million Judgment Against Barge Owner as Responsible Party Under the Oil Pollution Act of 1990

The Energy Law

Case: United States v. Factual Background In July of 2008, nearly 300,000 gallons of oil spilled into the Mississippi River in New Orleans when a tugboat towing an oil-filled barge veered across the river into the path of an ocean-going tanker. ACL was not Entitled to a Complete Defense to OPA ’90 Liability under 33 U.S.C.

Oil 40
article thumbnail

EPA’s New Audit Program for New Owners of Upstream Oil and Natural Gas Facilities

The Energy Law

In most cases, new owners will have nine months from the date of acquisition to notify EPA of their interest in participating in the program. That scope will then drive the schedule for completing the audits and corrective action, which will be set forth in the customized audit agreement between the new owner and EPA. 44991 (Aug.

article thumbnail

Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law

In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. A prior lessee could be held liable for decommissioning a hurricane-toppled platform years after its exit and completion of all lease decommissioning obligations.

article thumbnail

Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law

In most cases of default of a current lessee or owner of operating rights, BSEE will call upon a prior interest owner to perform the required decommissioning. A prior lessee could be held liable for decommissioning a hurricane-toppled platform years after its exit and completion of all lease decommissioning obligations.