Articles Posted in US Court of Appeals for the Fifth Circuit

by
The Oil Pollution Act (OPA), as confirmed by the Act's legislative history, grants to an OPA Responsible Party the right to receive contribution from other entities who were partially at fault for a discharge of oil. Specifically, a Responsible Party may recover from a jointly liable third party any damages it paid to claimants, including those arising out of purely economic losses. In a suit arising from a collision of two barges, the district court found both Settoon and Marquette Transportation were negligent. The Fifth Circuit held that Settoon could receive contribution from Marquette for its payment of purely economic damages, i.e., for the cleanup costs. The court also held that the district court's apportionment of fault was not clearly erroneous. Accordingly, the court affirmed the judgment. View "In re: Settoon Towing, LLC" on Justia Law

by
Total Gas and two of its trading managers filed a declaratory judgment action against the Commission arguing that the Commission was precluded from adjudicating violations or imposing civil penalties because the Natural Gas Act (NGA) vests authority for those activities exclusively in federal district courts. The Fifth Circuit affirmed the Commission's motion to dismiss, holding that Total's suit was not ripe for review in light of controlling precedent, Energy Transfer Partners, L.P. v. FERC. In this case, instead of objecting to any actions FERC has already taken, Total seeks to preemptively challenge a FERC order that may never be issued. The court explained that all of Total's arguments were predicated on future events and were brought before FERC has even scheduled the matter for a hearing—let alone issued an order finding a NGA violation and imposing a civil penalty. View "TOTAL Gas & Power North America, Inc. v. FERC" on Justia Law