Craig Ball is a very close friend. Also, in the area of electronically stored information (“ESI”) and litigation, he is as good an expert as you can find, in the world. His critique of the President’s lawyers reminds us that blindly copying forms will not serve our clients. Preservation Letter to Controversial Author Craig’s “Ball […]Read more "Preservation Letters Require More than Just Copying a Form"
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 […]Read more "For 2018, Resolve to Know Your Permits"
In this week between Christmas and the New Year, I follow up on my Thanksgiving week Alert, and again look at the 2018 election. While I continue to think that Republicans will maintain control of the Senate, this Alert looks at the impact that some alternative 2018 scenarios may have. If, contrary to my expectation, […]Read more "The 2018 Election-Alternative Scenarios"
A recent development in a much watched environmental case pending before the Texas Supreme Court reminded me that the involvement of a non-party can add value in an appeal. A non-party that submits briefs, or in special cases participates in oral argument, is known as a friend of the court or amicus curie. State of […]Read more "Appellate Success, with a Little Help from Friends"
Regulatory agencies may view companies that do not comply with such “voluntary” standards as out of compliance in enforcement actions, and juries may view them as negligent in tort actions.Read more "Major Energy Companies Agree to Methane Emissions Principles"
ExxonMobil, a company not afraid to fight the federal government (See last week’s Alert), has agreed to a multi-million dollar settlement with the United States Environmental Protection Agency (“EPA”), the United States Department of Justice (“DOJ”) and the Louisiana Department of Environmental Quality (“LDEQ”) over allegations of improper operation and inadequate monitoring of flares. Federal […]Read more "Focus on Flares: ExxonMobil Agrees to Multi-Million Dollar Settlement"
When agency regulations require that a company employ a process for detecting and responding to threats of leaks, the company satisfies those regulations by employing that process in good faith, even if doing so failed to prevent a serious accident. An agency’s after the fact criticisms of how the company employed the process will not […]Read more "ExxonMobil’s Good Faith Consideration of Required Factors Defeats PHMSA Order"