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Practical Implications for Energy Companies of Trump Administration’s Use of Congressional Review Act

Upon taking office with the promise to reduce regulations, the new administration and the U.S. Congress used the Congressional Review Act to repeal 14 “midnight” regulations passed by the previous administration.  Of the 14 repealed regulations, there are three that are of note for companies involved in mining operations domestically, in oil and gas exploration abroad, or who are...

Mining Law Violation Not a Basis for Negligence Per Se for All Injuries Occurring at Mining Facility

At a Kentucky coal mine, a worker for a subcontractor was killed during the installation of a garage door.  His wife brought a wrongful death action against the mining company who had hired a construct a post frame building at the facility, and that contractor hired the decedent’s employer to install an overhead commercial-grade garage door.  Four theories of negligence were...

Tenth Circuit Affirms Dismissal of Pollution Case Against Energy Companies

The Tenth Circuit upheld a district court’s order dismissing a group of Oklahoma plaintiffs’ claims for strict liability, negligence, and negligence per se against several companies allegedly responsible for pollution stemming from the generation and disposal of coal-combustion waste and fluid waste from oil and gas drilling.  The plaintiffs alleged that “the...

2015 Year in Review

Earlier today, we released the 2015 Year in Review, which assembles the 20 posts from last year that received the most reader interest.

Scrutinize Any Agreements Involving Temporary Workers In Case Of Workplace Incident

In any agreements covering temporary workers, make sure to carefully review the provisions that a reviewing court likely would examine should an injury to one of the workers occur while performing the contracted-for services for purposes of assessing litigation risk.  Specifically, pay close attention to any provisions purporting to classify which entity (or entities) is the...

Preparing For Crisis Management

Sutherland partners Matt Gatewood and Susan Lafferty recently presented a Legal Quick Hit to the ACC’s Energy Committee on the fundamentals of preparedness for crisis management following significant operational failures. The outline of that presentation is below: Identify the risk inherent in every operation Monitor the pulse of industry changes, including new hazards and...

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