Richard T. Haik

This case involved the United States and Louisiana suing Citgo Petroleum for an oil spill from its Lake Charles refinery tanks into the Indian Marais and Calcasieu River during a 2006 rainstorm, which Citgo had admitted in a prior criminal guilty plea under the Clean Water Act. The court granted the plaintiffs' motion for partial summary judgment, ruling that Citgo violated Section 311(b)(3) by discharging oil into navigable waters in harmful quantities and Section 301(a) by discharging without a permit, making it subject to civil penalties. The court found no genuine issues of material fact based on undisputed evidence of the spill, lack of permit authorization, and prior admissions, while rejecting Citgo's affirmative defenses including an "act of God" claim and arguments related to its criminal penalty. Injunctive relief and the penalty amount, including any gross negligence findings, were reserved for trial.

environmentbusiness & regulatory

This case concerned a dispute over coverage under two Standard Flood Insurance Policies (SFIPs) issued by Allstate for adjacent properties in Louisiana that were destroyed by Hurricane Rita. The Bulls applied for the policies in August 2005, with premiums allegedly due at a later loan closing or within 30 days, but payments were delayed due to the hurricane's impact on the bank and closing dates; Allstate later issued a duplicate policy on one property by error and canceled it without following certain procedures. The court granted the Bulls' motion for summary judgment and denied Allstate's cross-motion, holding that Allstate violated the policy terms. The core reasoning was that the duplicate policy was created inadvertently rather than knowingly, which triggered Section U of the SFIP and required Allstate to provide written notice and an opportunity for the Bulls to pay a pro rata premium to increase coverage limits, which Allstate failed to do.

business & regulatoryproperty