This environmental coverage action arises from the explosion and sinking of Transocean’s Deepwater Horizon oil platform in April 2010. At issue were the obligations of Transocean’s primary and excess liability insurer to cover BP’s pollution-related environmental liabilities resulting from the ensuing oil spill.
The recent decision by the U.S. Court of Appeals for the Fifth Circuit in Center for Biological Diversity, Inc. v. BP America Production Co., et al, no. 12-30136 (5th Cir. Jan. 9, 2013) (“CBD”), reversed in part the district court’s dismissal of citizen suit claims against BP in connection with the Deepwater Horizon incident
BP’s November 2012 settlement [pdf] of the federal criminal charges stemming from the Deepwater Horizon spill left some important issues unresolved.
On April 20, 2010, the Deepwater Horizon exploded and sent a gusher of oil into the Gulf of Mexico. Deepwater Horizon also sent a gusher of litigation into the federal courts: the recent decision in Hornbeck Offshore Services, LLC v. Salazar illustrates the care needed in seeking and enforcing an injunction against an agency of the United States.
Kurt Mix’s nightmare probably won’t happen to you, but ignoring electronic discovery laws could cause you big problems in litigation. You might have heard of Mr. Mix, the former BP engineer now facing federal obstruction of justice charges for deleting text messages about the 2010 Gulf oil spill. His nightmare is playing out in a federal court in New Orleans, and the government is not backing down.