Economic Benefit Driving Force in Refinery’s $81 Million CWA Penalty

Economic Benefit Driving Force in Refinery’s $81 Million CWA Penalty James E. Smith 713-221-2534 jsmith@sdablaw.com Download V-card A federal district court judge issued a Clean Water Act (“CWA”) civil penalty of $81 million against Citgo Petroleum in December 2015.  The CWA violation came from an oil spill in 2006 from Citgo’s Lake Charles, Louisiana refinery.  […]

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Texas Supreme Court Allows “Loss of Use” Damages for Personal Property that is Totally Destroyed

Texas Supreme Court Allows “Loss of Use” Damages for Personal Property that is Totally Destroyed January 19, 2016 In what many will see as a departure from law that predates the Civil War, the Texas Supreme Court has allowed “loss of use” recovery, even when an item of personal property has been totally destroyed. Historically, […]

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High Profile Case Demonstrates Difficulty in Predicting Environmental Civil Penalties

High Profile Case Demonstrates Difficulty in Predicting Environmental Civil Penalties James E. Smith 713-221-2534 jsmith@sdablaw.com Download V-card The judge in the Deepwater Horizon multidistrict litigation recently determined that Anadarko should pay a civil penalty under the Clean Water Act (“CWA”) of $159.5 million.  The judge assessed Anadarko a penalty of $50 per barrel of oil […]

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