The Energy Law

JUNE 27, 2008

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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The Energy Law

JUNE 26, 2008

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.

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The Energy Law

JUNE 25, 2008

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.

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The Energy Law

JUNE 23, 2008

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

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