Oceans
More on Today’s U.S. Supreme Court Property Rights Decision
As fellow Legal Plant contributor, Sean Hecht, reported earlier today, the U.S. Supreme Court decided the most important environmental law case on its current docket: Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, No. 08-1151. The Court’s opinion can be found here. The issue in the Stop the Beach Renourishment case is …
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CONTINUE READINGSupreme Court issues decision in Florida beach sand takings case
UPDATE: Rick Frank has published some insighful analysis here of the decision discussed below, including discussion of the impacts of the changing Supreme Court composition on the development of doctrine in the so-called “judicial takings” area. The U.S. Supreme Court just issued its decision in Stop the Beach Renourishment v. Florida Department of Environmental Protection …
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CONTINUE READINGValuable New Resources on the Oil Spill
Given the speed with which this story is unfolding and the overwhelming number of voices being heard, it’s very hard to keep up or to separate the wheat from the chaff. The Berkeley Law Library has created a new database of carefully selected resources relating to the BP spill — government reports and hearings, white …
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CONTINUE READINGNewsHour Segment: Can Obama Require BP to Form an Escrow Fund?
Steve Yerrid, a Florida trial lawyers, and I discuss this with Ray Suarez on the NewsHour. Bottom line: the answer isn’t very clear, although OPA sec. 1005(a) does require BP to establish a process for “the payment or settlement of claims for interim, short-term damages” that might encompass an escrow and independent decision-makers. It will …
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CONTINUE READINGCalifornia Ocean Science Trust Releases Study Evaluating Alternatives for Decommissioning California’s Offshore Oil and Gas Platforms
Last week, the California Ocean Science Trust released a long-awaited study that synthesizes scientific and legal information to inform policymakers and stakeholders on alternative paths for the decommissioning of California’s offshore oil and gas platforms. 27 of these platforms operate off the coast of California, and eventually all of them will stop producing fossil fuel …
CONTINUE READINGA Corporate Culture of Criminal Recklessness?
Could the Gulf blowout have been prevented if BP had been prosecuted for some of its earlier reckless conduct?
CONTINUE READINGBP’s pollution: not just the oil spill, according to The Onion
I can’t resist pointing out this article from America’s Finest News Source, The Onion, about the BP spill (continuing Dan’s introduction of off-color expressions into Legal Planet). The Onion mocks BP’s handling of the oil spill by characterizing the company as spewing out something else rather vile (a common expression for insincere or deceitful talk) from its …
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CONTINUE READINGReflections on the BP disaster and today’s Bhopal criminal verdict
As Dan has pointed out, there has been discussion of possible criminal liability for BP for its conduct leading to the Deepwater Horizon oil spill. David Uhlmann of the University of Michigan, a former federal environmental criminal prosecutor, has expressed optimism that a robust criminal prosecution of BP would appropriately punish BP, make it more likely …
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CONTINUE READINGThree Ingredients of Disaster
The organizational failures that led to the Gulf blowout were similar to those that resulted in the failure of the New Orleans levees during Katrina.
CONTINUE READINGA Picture Speaks a Thousand Words
Do we now have the iconic image of the BP oil spill? The photo above — of a laughing gull soaked in oil — appeared in newspapers, on line and on the air yesterday. It seems to capture, as no words can, the tragedy we face as millions of gallons of oil continue to spew …
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