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Everyone potentially exposed to civil penalties available under the Clean Water Act (CWA), 33 U.S.C. § 1321(b)(7), should familiarize themselves with the eight factors a court will consider when deciding what penalty should be assessed. In the case known as “Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico on April 20, 2010,” for Anadarko Petroleum Corporation, these factors made the difference between a penalty in the millions and one in the billions.

Upon consideration of the first six factors set forth in Section 1321(b)(8) of the CWA for the assessment of a civil penalty, on November 30, 2015, Judge Carl Barbier of the U.S. District Court for the Eastern District of Louisiana issued a ruling finding Anadarko Petroleum Corporation, a “co-owner” of the Macondo Well, liable to the United States for civil penalties in the amount of $159.5 million. The maximum penalty that could have been assessed was $3.5 billion, but Judge Barbier concluded, after weighing the eight factors, that a civil penalty of $159.5 million would be appropriate because, as a non-operating co-owner, Anadarko’s penalty should be limited to $50 per barrel, and not $1100 per barrel. 

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In what may be a harbinger of things to come, the U.S. Court of Appeals for the Seventh Circuit debated the propriety of using the court’s own internet research to decide a case before it.  The case is Rowe v. Gibson, et. al., decided on August 19, 2015; a pro se prisoner civil rights dispute that was dismissed by the district court. Continue Reading ›

On August 7, 2015, the U.S. Court of Appeals for the District of Columbia vacated an order of the National Labor Relations Board (NLRB or Board) in an unfair labor practices matter because the Board’s Acting General Counsel, who plays a very prominent role in the Board’s enforcement work, was serving in that capacity in violation of the Federal Vacancies Reform Act of 1998 (FVRA).  The case is SW General, Inc. dba Southwest Ambulance v. National Labor Relations Board.  Continue Reading ›

The American Arbitration Association (AAA) recently revised its Construction Industry Arbitration Rules and Mediation Procedures, effective July 1, 2015. Some changes are relatively modest, but others expand the powers of the arbitrator and may alter traditional assumptions underlying the selection of arbitration as a dispute resolution process for construction projects.

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The Freedom of Information Act, 5 U.S.C. § 552 (FOIA), is a federal law that allow for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. FOIA defines agency records that are subject to disclosure, outlines mandatory disclosure procedures and grants exemptions from disclosure. Many states similar laws governing the disclosure of previously unreleased information and documents controlled by the state and its agencies. The theory is that the government should be open and transparent unless the government has a good reason to withhold the information sought. On March 31, 2015, the U.S. District Court for the District of Columbia issued a long opinion in Sea Shepherd Conservation Society v. Internal Revenue Service, regarding the IRS’s response to Sea Shepherd’s FOIA request seeking information from the IRS about its investigation of Sea Shepherd.
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Effective April 1, 2015, employers are required to comply with the California Department of Industrial Relations, Occupational Safety & Health Standards Board’s amended Personal Protective Devices and Safeguards regulations. Among other amendments, Subdivision (d) of Sections 1514 (Construction Safety Orders) and 3380 (General Industry Safety Orders) of Title 8, Division 1, Chapter 4 of the California Code of Regulations have been amended to state: “The employer shall assure that all required safety devices and safeguards, whether employer or employee provided, including personal protective equipment for the eyes, face, head, hand, foot, and extremities (limbs), protective clothing, respiratory protection, protective shields and barriers comply with the applicable Title 8 standards and are maintained in a safe, sanitary condition.”

Other Resources: Cal/OSHAB, Personal Protective Devices and Safeguards, Rulemaking Documents

APRIL 2016 UPDATE:  In Additional Steps to Ease U.S. Sanctions and Export Controls for Cuba prior to Obama Visit, Pillsbury attorneys Chris Wall, Steve Becker, Nancy Fischer, and Aaron Hutman discuss the additional steps taken by the Administration, in advance of President Obama’s highly publicized trip to Cuba, to ease restrictions on trade and travel with Cuba. These changes to the Cuban Assets Control Regulations and Export Administration Regulations have implications for various industries.

Yesterday, Pillsbury attorneys Chris Wall, Steve Becker, Nancy Fischer, Aaron Hutman and Stephanie Rohrer published their advisory titled Treasury and Commerce Departments Issue Regulations to Implement New Cuba Policy. The Advisory discusses the Obama administration’s implementation of its promised changes to U.S. sanctions and export controls for Cuba, changes effective January 16, 2015. Although most trade and transactions still are prohibited, the revisions to the Cuban Assets Control Regulations (CACR) and Export Administration Regulations (EAR) ease licensing requirements in a number of areas, including exports to and imports from Cuba of certain types of goods and services, telecommunications and Internet services, travel and travel services, financial services, remittances, and treatment of Cuban nationals in third countries.

If you have any questions about the content of this blog, please contact the Pillsbury attorney with whom you regularly work or Chris Wall, Steve Becker, Nancy Fischer, Aaron Hutman or Stephanie Rohrer, the authors of this blog.

Additional Source: A New U.S. Course for Cuba Relations: What Does It Mean for Business?