Pipeline Accidents: Civil Litigation

Pipeline accidents generate a variety of civil litigation risks. Some stem from the release of potentially hazardous substances, others from the disruptions and interruptions that follow such a release.     

In this course, Steptoe & Johnson partners Jennifer Quinn-Barabanov and Tony Hopp will address the types of claims that typically follow large-scale releases of hazardous substances. These include toxic tort claims for personal injury, medical monitoring, emotional distress, and property damage, which can be asserted individually or in a proposed class action. Shippers may have claims for lost or damaged property. In addition, pipeline operators may face commercial claims for breach of contracts, business torts, and business interruption claims.

Learning Objectives:

1. Recognize types of claims to expect in the event of a release of hazardous substances near a populated area
2. Assess the pros and cons of potential litigation risk mitigation strategies such as environmental sampling and alternative mechanisms for providing compensation and obtaining releases of claims
3. Address recent trends in toxic tort litigation, defenses in mass tort cases, and strategies for defeating and/or settling class actions
4. Identify the circumstances in which federally approved tariffs can give rise to filed rate and preemption defenses against civil claims