PEPL Named One of 2021's "Best Law Firms"

 

Pritchett Environmental & Property Law LLC has been recognized as being among 2021’s “Best Law Firms” by U.S. News & World Report. The firm was ranked in the areas of Environmental Law and Environmental Litigation. Selection is based on a combination of hard data, peer reviews and client assessments. Best Law Firms^® lists are excerpted in a wide range of general interest, business and legal publications worldwide, reaching an audience of more than 10 million readers. In addition to receiving the “Best Law Firms” ranking, Rebecca Wright Pritchett was recognized in August by her peers for inclusion in the Best Lawyers in America^© 2021 by U.S. News - Best Lawyers^®. For more information on “Best Law Firms” rankings, visit http://bestlawfirms.usnews.com.

Pritchett Environmental & Property Law is a statewide law firm with over 27 years of experience practicing in the areas of environmental, natural resources, oil & gas, litigation, real estate, legislative and governmental affairs. PEPL has the experience to navigate complex local, state, and federal laws and regulations. Our main office is in Birmingham. For more detailed information on our qualifications, visit our website at www.pritchettlawfirm.com.

FERC Declares Private Pipeline Companies Can Condemn State Lands

The Federal Energy Regulatory Commission (FERC) issued a controversial declaratory order on January 30th holding that private natural gas companies have the authority to condemn state-owned lands for natural gas pipelines under Section 7(h) of the federal Natural Gas Act if they hold a certificate of public convenience and necessity from FERC. This order follows on the heels of a contrary holding from the Third Circuit Court of Appeals on September 10, 2019, that the Natural Gas Act does not overcome a state's sovereign immunity from condemnation suit stemming from the 11th Amendment and denying a pipeline company the right to take possession of state-owned land for a pipeline project. The FERC order, emphasizing the agency's exclusive jurisdiction over the transportation and sale of natural gas in interstate commerce for resale, contradicted the Third Circuit's determination that Congress did not intend to delegate the federal government's exemption from state sovereign immunity to private gas companies. Expect to see further litigation on this issue in the near future.

Gadsden Goodyear Plant Now Down 845 Employees

Tire manufacturing in Alabama has suffered another blow. The Goodyear Tire & Rubber Company plant in Gadsden, Alabama, has cut its workforce by two-thirds in just two months. After 740 employees took voluntary buyouts in late December, the plant laid off 105 workers last week. According to a United Steelworkers representative, the plant now has 411 remaining employees. The manufacturing facility was previously a major employer in east Alabama. The downsizing is reportedly the result of a declining tire manufacturing market. The plant has been in Gadsden since 1929, and began a $30.1 million expansion in 2015, when it employed 1,500 people.

Federal Court Holds Corps Responsible for Hurricane Flood Damage

The U.S. Court of federal claims held yesterday that the U.S. Army Corps of Engineers is liable for the way it handled water during Hurricane Harvey in 2017. The case focused on two dams built in the suburbs of Houston in the 1940s that caused adjacent properties to flood during the hurricane. Noting that the dams had been designed for much larger storms than those used to calculate the area that was purchased to accommodate flood waters at the time the dams were constructed, the court found that the Corps knew that extreme storms could overflow government-owned lands surrounding the reservoir and flood adjacent properties. Consequently, the Corps was aware of the potential damage its decision to build the dams without purchasing sufficient land in the vicinity could do and liable for a taking of private property without just compensation under the Fifth Amendment to the U.S. Constitution. Warnings in public forums and documents of the potential for flooding were not sufficient to relieve the Corps of liability.

Special Master Recommends Georgia Prevail in Water War with Florida

A special master appointed by the U.S. Supreme Court has recommended that the court rule in Georgia's favor in a water rights dispute with Florida. It's just the latest in the long-running dispute between Georgia, Florida and Alabama over water in two water basins that cross state lines. Florida claims that Georgia’s excessive water withdrawals have harmed the state’s oyster industry by increasing salinity in the Apalachicola estuary. The special master rejected Florida’s arguments, finding that Georgia’s water use is reasonable and that the requested relief might not outweigh the potential harms. The case will ultimately be decided by the Supreme Court.

Lawyers Addressing Climate Change

Great article in the American Bar Association magazine (ABA Journal) on what lawyers are doing on the issue of climate change. It gives a really good overview of how lawyers are attacking climate change and the different roles they can play in the debate. Read the article here.            

Criminal Sentencing in Clean Air Act Case

The former project manager at an oil processing plant that exploded in Montana in 2012 injuring three employees was sentenced today to two years of probation and fined $5,000. Mark Hurst pleaded guilty on February 27th to negligent endangerment under the federal Clean Air Act.

On September 27th, a jury convicted co-defendant Peter Margiotta of all three counts against him related to the plant explosion. The jury found Margiotta guilty of conspiracy and two violations of the Clean Air Act (general duty and knowing endangerment). Margiotta was president and director of Custom Carbon Processing, Inc., a Wyoming company that constructed the Michels Disposal Well and Oil Processing facility in Wibaux in 2012. Hurst testified against Margiotta at trial.

Although Hurst had notified his superiors of serious problems at the plant, he continued to operate the plant and kept it open. Simply notifying management of problems is not sufficient to avoid criminal liability under federal environmental laws.