In Re: Deepwater Horizon

This case stemmed from the multi-district litigation involving the Deepwater Horizon drilling rig oil spill. Plaintiff appealed from the district court's dismissal of its action brought under the citizen-suit provisions of the Clean Water Act (CWA), 33 U.S.C. 1365(a)(1), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9659(a), and the Emergency Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. 11046(a). The court concluded, with one exception, that the district court did not err by dismissing plaintiff's claims as moot because the Macondo well had been capped and sealed; on the present state of the record, plaintiff had standing to assert its claim for relief based on defendants' alleged failure to comply with the reporting requirements of EPCRA; and the EPCRA claim was not moot. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "In Re: Deepwater Horizon" on Justia Law