Legal disputes and administrative actions related to environmental contamination are part of doing business in the Oil and Gas industry. It's imperative that environmental professionals working in the oil patch understand (1) the type of disputes that arise, (2) the environmental regulations and the oil and gas exemptions that exist with-in those environmental regulations and (3) the legal pros, cons, and options associated with environmental audits and environmental baseline studies. This course provides the basis for environmental professionals to more fully comprehend regulations and exemptions and become more valuable to the companies and clients that they advise.
This course also examines the litigation process associated with oil-field contamination lawsuits and reviews how courts are deciding these environmentally centered cases.
Agenda, Day 1: Overview: Regulation, Exemptions, Litigation and all the nuances in between
Common Contamination issues in the Oil Field. Â Where the messes are and where to find them
Ownership of oil and gas rights and their influence on environmental complaints
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Review of the stakeholders involved in oil-field environmental issues. Â Who gets involved and what do they really want?
Factors influencing common law claims v statutory claims. When should a landowner bypass the oil company and go straight to court?
Negligence, trespass, and nuisance: How the environmental professional's work determines the outcome of these common law claims Â
What can you do to help your client with fracking contamination allegations?
Understanding Naturally Occurring Radioactive Material from the oil-fields
How to get reluctant agencies involved in disputes (or keep them out)
What to do when the agency won't give you a written response to a verbal  agreement.  As an agency professional, how to respond to these overtures
How to use oil company environmental policies to your client's benefit
Depositions for environmental professionals; preparation and the main eventÂ
Joint defense groups and conflicts of interest: Â helping more than one client Â
Protecting yourself and your company: Â Using indemnity clauses to ensure bad results don't come back to you
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Agenda, Day 2: Getting Down and Dirty
Testifying versus consulting expert? Â Which should you be? Â What's the difference?
When is it OK to send draft reports…and how to discuss them with your client
Offers to clean up: Â How and when to make them and how to reject them
Being an expert witness: Â What's involved and when should you do it
How clean is clean?  Risk based corrective action:  Scientists love it.  Landowners?....not so much…
Agency involvement: Â when is it required? Â When is it optional? When is it desirable?Â
Waste: Review of EPA's "Green/Brown" Book for exploration and production waste.  Explore waste creation, whether waste is hazardous, and why it matters.  Analysis of the E&P exemption.  RCRA's "trump" provision.  If it's going to be recycled…was it ever a waste?  What if you donate the old equipment or material rather than throw it away?
When NOT to report releases of hazardous substances
Indemnity agreements, are you willing to pay for your client's mistakes?
Hazardous v. non-hazardous injection wellsÂ
Clean Water Act
Evidence: Â When and how to gather it and how to protect itÂ
Environmental Baseline studies
•In House EHS Staff
•Environmental Consultants
•Agency and Regulatory Personnel
•Legal Professionals New to the Oil and Gas/Environmental Arena
•Lawmakers and Their Staff
•Experts called as Witnesses for Oilfield Contamination Cases
•Landmen
This fundamental level group live seminar has no prerequisites. No advance preparation is required before the seminar.
PGS seminars are known for their clear explanations and in-depth content. Register for a PGS class today, and join the over 10,000 energy professionals who have already attended one of PGS's proven programs.