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Articles 1 - 3 of 3
Full-Text Articles in Oil, Gas, and Mineral Law
Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey
Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey
Public Land & Resources Law Review
The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution …
National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack
National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack
Public Land & Resources Law Review
In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision, the …
Throwing Precaution To The Wind: Nepa And The Deepwater Horizon Blowout, Sandra B. Zellmer, Joel A. Mintz, Robert Glicksman
Throwing Precaution To The Wind: Nepa And The Deepwater Horizon Blowout, Sandra B. Zellmer, Joel A. Mintz, Robert Glicksman
Faculty Law Review Articles
On April 20, 2010, British Petroleum's ("BP") Deepwater Horizon oil platform exploded, killing eleven workers. When the platform sank to the bottom of the Gulf of Mexico two days later, oil erupted out of the riser-a 5000-foot pipe connecting the platform to the well on the ocean floor. 2 Efforts to stem the flow failed when a safety device, the "blowout preventer," could not be activated.' Finally, after a number of attempts to stop the leak, BP capped the well on July 15.4 Nearly five million barrels of oil were released over the course of eighty-six days, making the Deepwater …