The latest attempt by Saudi Arabia to kill off the threat from US shale oil has sent oil prices slumping to their lowest level since the depths of the global recession seven years ago. [The Guardian] New congressional legislation to empower nuclear energy through R&D infrastructure in a way that benefits private sector investment into advanced… Keep reading →
BP has reported a $5.8 billion loss in the second quarter, mostly from the costly settlement over the 2010 Gulf of Mexico oil spill. [The NY Times] The Senate Energy and Natural Resources Committee began its debate over the broad bipartisan energy bill, with potential conflicts already emerging. [The Hill] The UAE will raise gasoline prices… Keep reading →
Ed. note: This is a weekly column by Elie Mystal, Managing Editor of Above the Law Redline. This space will focus on the laws that exist, should exist, and should be put out of their misery. OVER-REGULATED: Talking Rivers: East Run Hellbenders Society, an environmental organization, motioned to join an ongoing lawsuit in Pennsylvania on… Keep reading →
Ed. note: This is a new weekly column by Elie Mystal, Managing Editor of Above the Law Redline. This space will focus on the laws that exist, should exist, and should be put out of their misery. OVER-REGULATED Iranian Sanctions: You probably know that crude oil prices are ridiculously lower than they were a few… Keep reading →
BP is preparing for a legal decision in January regarding the company’s penalty under the Clean Water Act for oil spilled as a result of the Macondo well blowout and tragic Deepwater Horizon accident that occurred in the Gulf of Mexico 2010. BP is seeking to cap the amount of the civil penalty at $12.3… Keep reading →
Maritime
New Development
On September 4, 2014 the federal district judge overseeing the multidistrict litigation resulting from the Deepwater Horizon oil spill issued long-awaited rulings as to liability. The court concluded that BP is subject to enhanced civil penalties under the Clean Water Act (“CWA”) because the discharge of oil was the result of the company’s “gross negligence” and “willful misconduct.”
Action Items: In light of this ruling, offshore leaseholders, operators, and contractors will likely be held to an increased standard of care because the severity of the potential harm from a well blowout, explosion, and oil spill is great. Accordingly, leaseholders, operators, and contractors in the offshore industries should review their safety and environmental compliance policies and procedures to ensure they meet or exceed the high standard of care that may be applied to complex, high-risk drilling operations.
Background
Following the Deepwater Horizon oil spill on April 20, 2010, multidistrict litigation was consolidated in the district court in New Orleans, Louisiana. The current trial, which involves two key cases filed against BP and the other entities involved in the drilling of the Macondo well, is being heard by the court without a jury pursuant to the court’s admiralty jurisdiction.
The consolidated trial’s first phase in early 2013 was to determine the liability of BP, Transocean, Halliburton, and other companies, and to assess, for the purposes of penalty calculation, whether the companies acted with gross negligence and willful misconduct with respect to the loss of well control and the resulting explosion, fire, and sinking of the rig.
The trial’s second phase, which occurred during the fall of 2013, addressed the post-incident efforts to control the spill and the quantity of oil that spilled into the Gulf of Mexico. The judge has not yet issued a ruling with respect to the issues presented in the second phase. The third phase, which is scheduled to begin in January 2015, will focus on all other liability issues arising from the oil spill cleanup, including containment issues and the use of dispersants.
The quote is in reference to cows of course. Apparently a cow was blamed for causing a condensate spill at a production facility in North Dakota. The alleged perpetrater could have been or curious or “had an itch that needed scratching,” according to an Associated Press story running in local papers. “They just get rubbing… Keep reading →
At the heart of the 2014 International Oil Spill Conference (IOSC) in Savannah, Ga., is the exhibitors’ hall where the latest equipment, technologies and services – for spill prevention, preparedness, response and restoration – are on display. This is cutting-edge technology and know-how that’s key to industry’s environmental commitment and sustaining energy development. The conference hall echoes with… Keep reading →
The EU Commission has intervened in construction of the South Stream gas pipeline on the grounds that deals signed between Russia’s Gazprom and seven European countries violate an EU law forbidding a company from acting as both pipeline operator and monopoly gas supplier. The EU energy commissioner will go to Moscow next month for talks… Keep reading →
In a rare move, the UK government has come out in defense of BP regarding the US EPA’s decision to suspend the company from new government contracts. Members of the UK government filed a midnight brief on Monday saying the EPA’s decision could negatively impact jobs and pension funds invested in the UK super major.… Keep reading →
