June, 2008

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Federal Court Rules Oyster Fishermen Can’t Pursue Class Action Against Owners of Pipelines and Storage Tanks for Alleged Damages from Katrina

The Energy Law Blog

by Kelly Becker In Barasich, et al. v. Shell Pipeline Co. LP, et al. , 2008 U.S. Dist. Lexis 47474 (E.D. La. 6/19/08), at issue was, inter alia , whether a group of commercial oyster fishermen could bring a class action against a group of defendants that owned land-based storage tanks or pipelines that burst as a result of Hurricane Katrina, causing a release of crude oil that allegedly damaged the aquatic wildlife, estuaries, and plaintiffs’ interest in their oyster leases.

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Noble Energy, Inc. v. Bituminous Cas. Co

The Energy Law Blog

By Tiffany Delery Davis In Noble Energy, Inc. v. Bituminous Cas. Co. , No. 07-20354, 2008 WL 2232085 (5th Cir. 2008), the Fifth Circuit affirmed summary judgment in favor of the defendant, Bituminous Casualty Company, in an insurance coverage dispute concerning whether Bituminous had a duty to defend and indemnify plaintiff, Noble Energy, Inc., in connection with an underlying suit.

2008 40
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Ninth Circuit Vacates EPA Rule Excepting Oil and Gas Construction Discharges from NPDES Permitting

The Energy Law Blog

By Claire Bienvenu On May 23, 2008, the Ninth Circuit vacated EPA’s rule exempting discharges of sediment resulting from oil and gas construction activities from National Pollutant Discharge Elimination System (NPDES) permit requirements. NRDC v. EPA , No. 06-73217 (9th Cir. 5/23/08). The Ninth Circuit found EPA’s rule, which was a codification of a recent exemption added to the Clean Water Act (CWA or the Act), to be an impermissible interpretation of the Act.

2006 40
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Inadvertent Disclosure of Privileged Electronic Documents Constitutes Waiver of Privilege

The Energy Law Blog

In Victor Stanley, Inc. v. CreativePipe , Inc. , __ F.Supp.2d __, 2008 WL 2221841 (D.Md. 2008), the court held that defendants waived any privilege that may have attached to 165 electronically stored documents, including communications between the defendants and their attorneys, which were mistakenly turned over to the plaintiff. Acknowledging the risk of inadvertent disclosure typically associated with large document productions, defendants initially sought the court’s approval of a “clawbac

2008 40
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Manufacturing Sustainability Surge: Your Guide to Data-Driven Energy Optimization & Decarbonization

Speaker: Kevin Kai Wong, President of Emergent Energy Solutions

In today's industrial landscape, the pursuit of sustainable energy optimization and decarbonization has become paramount. Manufacturing corporations across the U.S. are facing the urgent need to align with decarbonization goals while enhancing efficiency and productivity. Unfortunately, the lack of comprehensive energy data poses a significant challenge for manufacturing managers striving to meet their targets.