July, 2008

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DuPont and ConocoPhillips Settle Environmental Clean-Up Claims against U.S. Government for $52M

The Energy Law Blog

In 1997, DuPont and ConocoPhillips sued the United States pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), alleging entitlement to reimbursement of costs expended cleaning up hazardous waste from fifteen sites previously owned by the government during World Wars I and II, and the Korean War.

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New Bill Prohibits Louisiana Employers from Preventing Employees from Carrying Firearms onto Employer Property if Firearm is in Locked Private Vehicle

The Energy Law Blog

Effective August 15, 2008, employers will no longer be able to prevent employees from carrying firearms onto employer property if those firearms are in locked, privately-owned vehicles. The change is the result of Senate Bill 51, which was sponsored by Sen. Joe McPherson and signed into law as Act No. 684 by Governor Bobby Jindal on July 2nd of this year.

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LDEQ May Require Louisiana Facilities Exempt From Air Permitting to Maintain Emission Records

The Energy Law Blog

By Clare Bienvenu Pursuant to Act 547, passed by the Louisiana Legislature in the 2008 Regular Session and recently signed into law by the Governor, the Louisiana Department of Environmental Quality (LDEQ) may now require Louisiana facilities exempt from air permitting requirements to maintain records showing that the actual or potential emissions of the facility meet the exemption.

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U.S. Supreme Court Rules that Punitive Damages Must Equal Compensatory Damages in Federal Maritime Law

The Energy Law Blog

By: April Rolen-Ogden Exxon Shipping Co., et al. v. Baker, et al. involved a class action that was filed by commercial fisherman and native Alaskans against Exxon and its tanker captain for economic losses suffered as a result of the now infamous Exxon Valdez oil spill that occurred in 1989. On the night of the spill, the supertanker was carrying 53 million gallons of crude oil, which translates to just over a million barrels.

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Implementing D.E.J.I. Strategies in Energy, Environment, and Transportation

Speaker: Antoine M. Thompson, Executive Director of the Greater Washington Region Clean Cities Coalition

Diversity, Equity, Justice, and Inclusion (DEJI) policies, programs, and initiatives are critically important as we move forward with public and private sector climate and sustainability goals and plans. Underserved and socially, economically, and racially disadvantaged communities bear the burden of pollution, higher energy costs, limited resources, and limited investments in the clean energy and transportation sectors.

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Louisiana Supreme Court Holds That Act 312 is Constitutional

The Energy Law Blog

On July 1, 2008, the Louisiana Supreme Court held that Act 312 of 2006 (“Act 312”) is constitutional and reversed the district court’s judgment declaring Act 312 unconstitutional and unenforceable under La. Const. art. V, § 16, La. Const. art. I, § 4 and the Fifth Amendment of the United States Constitution. M.J. Farms, Ltd. v. Exxon Mobil Corp. , 2007-2371 (La. 7/1/08); _ So. 2d _.

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