Hold On to Your Insurance … Federal Court Certifies Deepwater Horizon Questions to Texas Supreme Court

By | Energy & the Law | September 6, 2013
Hold On to Your Insurance … Federal Court Certifies Deepwater Horizon Questions to Texas Supreme Court

BP’s woes from the Deepwater Horizon disaster in the Gulf continue. The federal Fifth Circuit in In re: Deepwater Horizon, withdrew an opinion of a three-judge panel and certified questions for consideration by the Supreme Court of Texas. Resolution of this dispute could significantly impact insurance law in Texas, which would demand energy companies to immediately and carefully review their insurance programs.

Fifth Circuit Reverses District Court, Holds BP Was Entitled to Additional Insured Coverage Under Insurer’s Policy for Environmental Claims

Fifth Circuit Reverses District Court, Holds BP Was Entitled to Additional Insured Coverage Under Insurer’s Policy for Environmental Claims

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.

OCS Operators Need to Consider EPCRA Reporting in Their Release Reporting Plans

By | The Energy Law Blog | March 7, 2013

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

Deepwater Horizon – Agency Actions, Injunctions, and (Not) Contempt

By | Federal Regulations Advisor | November 29, 2012
Deepwater Horizon – Agency Actions, Injunctions, and (Not) Contempt

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. 

Be Careful with Electronically Stored Information

By | Energy & the Law | June 14, 2012
Be Careful with Electronically Stored Information

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.