The Energy Law

JANUARY 18, 2011

by: Megan J. Spencer In its decision, filed January 7, 2011, the United States Court of Appeals for the Fifth Circuit reversed, vacated and remanded the opinion of a Texas district court that had found that the National Park Service’s Oil and Gas Management Plan was invalid under the Administrative Procedure Act (“APA”) because it denied Plaintiffs rights of ingress and egress established in the state and federal law creating the park.

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The Energy Law

JANUARY 10, 2011

In Gabarick v. Laurin Maritime (America), Inc. , 2010 WL 5421015 (5th Cir. Dec. 30, 2010), the Fifth Circuit reversed the district court’s finding of summary judgment on liability under the Oil Pollution Act of 1990 (“OPA”). In doing so, the Court determined that at the summary judgment stage of a complex OPA case involving a number of different parties, it was improper for the court to rely solely on allegations made in the pleadings in order to find that one particular party was not liable u

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