Pollution & Health
NewsHour 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 READINGToxic Chemicals (1)
As it happens, I saw three new papers about toxics regulation at about the same time recently. Between the three, they give a clear picture about the U.S. stance on toxic chemicals. I’ll discuss the papers in separate posts this week. The first paper, by David Markell of FSU, the Toxic Substances Control Act (TSCA). …
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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 READINGEPA proposes general Clean Water Act permit for pesticides
In January 2009, the Sixth Circuit in National Cotton Council v. EPA struck down a Bush-era rule declaring that pesticide application to or over waters was exempt from the Clean Water Act’s NPDES permit program, under which a permit is required for any discharge of pollutants to waters of the U.S. from a point source. …
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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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CONTINUE READINGDC Circuit upholds air pollution standards for lead
The Legal Planet team has been so busy fretting over the Gulf oil spill (not to mention getting our grading done) that we’ve skipped over some important environmental law developments. Here’s one. In May, the US Court of Appeals for the DC Circuit, upheld EPA’s National Ambient Air Quality Standards (NAAQS) for lead against an …
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CONTINUE READINGIs BP a Criminal?
Can a corporation, an artificial legal entity, be a criminal? In an op ed. in this morning’s NY Times, David Uhlmann argues that BP deserves criminal sanctions: Prosecutors must examine all witness statements, internal documents and any physical evidence that remains after the explosion. But if the news articles are accurate, the Justice Department should …
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