Texas Supreme Court Holds Manager Personally Liable for Environmental Penalties

In State of Texas v. Morello, the Texas Supreme Court reversed a mid-level appellate court and reinstated a trial court’s judgment making Bernard Morello personally liable for approximately $400,000 in civil penalties for environmental violations. The Company’s History of Permit Violations Morello had been the sole member and manager of While Lion Holdings, a limited liability company.  […]

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Flare Issues Lead to another Eight Figure Clean Air Act Settlement

On February 12, 2018, the United States Department of Justice (“DOJ”) announced a proposed settlement of a Clean Air Act enforcement case against Shell Chemical, regarding Shell’s Norco, Louisiana facility.  While the proposed settlement is of a significantly lower amount than DOJ’s recent flare settlement with ExxonMobil (discussed in my November 6, 2017 Alert), the […]

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Experts Must Provide Details

A recent Texas Supreme Court decision is a reminder of the importance of detail in expert reports and testimony.  Lawyers and experts may need to go far beyond what they think is reasonable in providing details, especially when the expert opinion is necessary to support a claim for relief. Needle Inserted into the Optic Nerve […]

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For 2018, Resolve to Know Your Permits

A suggested New Year’s resolution: know your permits.  While facility management teams generally know the numerical parameters that the facility must meet, some fail to keep other permit requirements in focus. Facilities can violate their permit even without emitting or discharging anything illegal, by failing to comply with the numerous narrative requirements. Also, for those […]

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