Oil and Hazardous Liquid Spills

Our attorneys have gained experience with oil and hazardous liquid spills working both in the government and in the private sector. For example, one of our attorneys assisted in drafting Virginia's aboveground storage tank regulatory program. We are familiar with the requirements of the Oil Pollution Act of 1990 as they apply to oil and gas exploration and development and pipelines; we have a substantial amount of experience with hazardous waste spills from drums, tanks, and vehicles, the Spill Prevention Control and Counter Measure (SPCC) regulations and reporting requirements under Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and Emergency Planning and Community Right-to-know Act (EPCRA). We have served as an arbitrator in deciding allocation between an oil pipeline company and natural gas distribution company of private damage award resulting from oil pipeline releases.

Sample representations include:

• Successfully representing an oil pipeline before federal agencies to secure authority to restart the pipeline after a significant spill;
• Representing an electric utility in Boston in preparing an environmental management plan to deal with prospective oil spills and in developing a Spill Prevention Control and Countermeasures Plan;
• Chairing the Chesapeake Bay Foundation's internal work group on oil and gas exploration, transportation and spill response;
• Counseling nitric acid plant on reporting requirements under CERCLA and EPCRA in relation to a release of ammonia and nitrogen oxide. We ultimately negotiated a favorable settlement with EPA Region 9 on behalf of our client;
• Litigating a jury trial in state court for property damages under the Virginia Oil Discharge Act on behalf of a property owner who was unable to see his property after a routine Phase I Environmental Assessment determined that a neighbor had discharged oil into a stream on the property;
• Representing the owner of a recreational facility in state court in a lawsuit against an adjacent property owner from whose property dry cleaning solvents and petroleum have migrated, seeking damages for lost sale of the property, diminution in property value and response costs. The suit resulted in a very favorable settlement for our client, including successfully disposing of the property;
• Advising a large utility client on the risks and liabilities associated with the acquisition of a pipeline with a history of a significant spill in the course of a multi-million dollar transaction;
• Representing commercial hazardous waste treatment and storage facility in reporting hazardous waste releases to regulatory authorities from treatment vessels and storage containers, including follow-up consultation with the agencies and appropriate corrective action;
• Successfully representing aircraft refurbishing company before the Florida Department of Environmental Protection with respect to the accidental release of hazardous wastewater into an estuary. Ultimately, the state did not take any enforcement action against our client; and
• Counseling an electric power producer regarding the assessment of and remediation planning for historical oil and chemical releases at power generation facilities in Trinidad/Tobago.