Environmental Law

9th Circuit Denies Protection for Not-So-Giant Earthworm

Evidence about the population of the giant Palouse earthworm is limited and inconclusive, according to a federal appeals court. There has been no well-designed study about its population, and no demonstrated threat from development or exotic earthworm predators. As a result, the U.S. Fish and Wildlife Service was justified in…

Jun 16, 2010 2:08 PM CDT

Judge Rules Maritime Law Doesn’t Shield Transocean from Most Environmental Suits

A federal judge has ruled that a 159-year-old maritime law limiting liability doesn’t apply to most lawsuits filed under federal and state environmental laws against the owner of the BP oil rig. Transocean had sought to limit its liability to about $27 million under the Limitation of Liability Act of…

Jun 15, 2010 12:54 PM CDT

Report: BP Warned by Gov’t Agencies, Vinson & Elkins of Potential Issues at Multiple Sites

Government investigators, lawsuits and a law firm’s internal investigation have reportedly alleged an ongoing series of issues with maintenance and noncompliance with regulatory requirements at BP facilities in various United States locations. A lack of maintenance, inaccurate claims of compliance with regulatory standards and pressure on workers who report problems…

Jun 8, 2010 4:47 PM CDT

7 Surviving Union Carbide Execs Convicted in Case Over 1984 Bhopal Disaster

More than 25 years after 7,000 people died from a toxic gas leak at a Union Carbide Corp. pesticide plant in Bhopal, India, and many more were injured, a court has convicted seven surviving senior executives there of causing death by negligence. The convictions carry maximum two-year jail terms. The…

Jun 7, 2010 4:52 PM CDT

Federal Criminal and Civil Probes into Gulf Oil Spill Are Under Way, Holder Says

U.S. Attorney General Eric Holder announced this afternoon that federal authorities have opened criminal and civil investigations into last month’s explosion of BP’s Deepwater Horizon drilling rig in the Gulf of Mexico, which killed 11 workers and has led to the worst oil spill in U.S. history. Holder declined to…

Jun 1, 2010 8:36 PM CDT

Sutherland Asbill to Represent Transocean in Oil Spill Litigation

Sutherland Asbill & Brennan has been tapped to handle litigation over the Gulf oil spill for Transocean Ltd., the owner of the BP oil rig that exploded. The litigation team will be headed by Rachel Clingman, who leaped to Sutherland Asbill from Fulbright & Jaworski in 2007, according to The…

May 27, 2010 2:18 PM CDT

BP Could Face Civil Fine as High as $4,300 for Each Leaked Barrel of Oil

The $75 million cap on civil liability for economic damages doesn’t limit the amount of fines that BP could pay for the Gulf oil spill. According to Reuters, “a clause buried deep in the U.S. Clean Water Act” authorizes the government to seek civil penalties of up to $4,300 for…

May 27, 2010 1:23 PM CDT

Frustration Over Uncontained Gulf Oil Spill—and Tort Claim Contingency Fees of Up to 50 Percent

As crude oil continues gushing into the Gulf of Mexico at a record-breaking rate from an undersea BP well, frustration with the situation is building. A little over a month after the Deepwater Horizon oil rig exploded and burned, killing 11 workers, it appears that a combination of factors ranging…

May 25, 2010 1:44 AM CDT

2nd Circuit Steps In, Stays Turnover Order for 600 Feet of ‘Crude’ Raw Footage

A federal judge’s unusual order requiring the filmmaker who created the Crude documentary to turn over some 600 feet of raw footage to Chevron has been temporarily suspended. In a brief order Friday, Judge Denny Chin of the 2nd U.S. Circuit Court of Appeals stayed the subpoena until June 8,…

May 24, 2010 8:22 PM CDT

Kevin Costner & Trial Lawyer Partner Come to BP’s Aid With Oil Spill ‘Vacuum Cleaner’

Desperate for ideas about how to contain a record-breaking oil spill in the Gulf of Mexico, BP has turned to a movie star and his trial attorney partner for help. The oil company is going to give six centrifuge machines developed and donated by Kevin Costner a whirl this week,…

May 20, 2010 9:05 PM CDT

Bill to Rein in Tulane Environmental Law Clinic Is Defeated

A bill that would have hobbled law school clinics in Louisiana was killed Wednesday in a Senate committee. The committee deferred the bill, backed by chemical and oil industry lobbyists irked at environmental lawsuits, according to 2theadvocate.com and the Times-Picayune. Not a single lawmaker objected. The bill would have prevented…

May 20, 2010 2:12 PM CDT

Kirkland & Ellis Is to Represent BP in Big-Ticket Oil Spill Litigation

A new matter for Kirkland & Ellis is likely to brighten the economic outlook for the well-known Chicago-based corporate law firm. It will be representing longtime client BP concerning the massive undersea Gulf of Mexico oil spill that has been gushing since April 20 from an uncapped well after a…

May 18, 2010 9:22 PM CDT

Sued By Chevron for $4M, Lawyer Scores Interim SLAPP Suit Victory in Malicious Prosecution Case

A plaintiff’s lawyer sued for $4 million in damages by Chevron has scored a significant interim victory in the malicious prosecution case, winning a court ruling eliminating a large portion of the company’s complaint on the grounds that it amounts to a strategic lawsuit against public participation under California law.…

May 14, 2010 3:29 AM CDT

Oil Spill $75M Damages Cap Wouldn’t Apply Under New Bill or Criminal Prosecution

A federal law caps liability at $75 million for the indirect costs of an oil cleanup, but the limit could fall by the wayside if criminal charges are filed in the Gulf oil spill—or if legislation is approved to change the limit. There has been no confirmation of a criminal…

May 13, 2010 1:57 PM CDT

Debate on Bill to Rein In Tulane Law Clinic Comes at ‘Absurd’ Time, Critic Says

Updated: A bill being debated this week in Louisiana to rein in law school clinics couldn’t come at a worse time, according to a blogger and a newspaper editorial. The bill affects all clinics, but it is aimed specifically at the Tulane Environmental Law Clinic, the Associated Press reports. It…

May 12, 2010 1:06 PM CDT