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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.

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Inadvertent Disclosure of Privileged Electronic Documents Constitutes Waiver of Privilege

The Energy Law

2d __, 2008 WL 2221841 (D.Md. In Victor Stanley, Inc. CreativePipe , Inc. , __ F.Supp.2d

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

The Energy Law

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. 1, 2008) – which allow for the elimination of the gravity component of the penalty rather than the entire penalty. 44991 (Aug.

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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. 2703(a)(3).

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

The Energy Law

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 appealed, arguing two things: (1) it was entitled to a complete defense to OPA ’90 liability under 33 U.S.C.

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Federal Offshore Pipeline Decommissioning in BOEM Significant Sediment Resource Areas

The Energy Law

The origin of NTL 2009-G04 and SSRAs dates to 2008, when, in response to a request from Louisiana Department of Natural Resources (“LDNR”) and under the authority of 30 C.F.R. Forty-six of those projects have already been completed, four have expired, and eight are still active. Another seven have been proposed. million cubic yards).

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Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law

A prior lessee could be held liable for decommissioning a hurricane-toppled platform years after its exit and completion of all lease decommissioning obligations. 2008-N07, a lessee that passed the established thresholds was waived from providing additional security to cover its decommissioning liability. Historically, under NTL No.