Recent Publications

Navigating Uncharted Waters? Indemnities and Releases in Offshore Drilling Contracts Post-Macondo Litigation

In the litigation arising from the Macondo incident, the Court made groundbreaking rulings with respect to the enforceability of Transocean's and Halliburton Energy Services Inc.’s (Halliburton) indemnity agreements with BP Exploration and Production Inc. (BP). These rulings are significant, not only because of the media attention surrounding the Macondo incident, but also because the Court ruled for the first time that, under maritime law, an indemnity compensating a third party for claims arising out of gross negligence is enforceable, but only with respect to the compensatory damages portion of the claim. >>

Environmental Litigation Practice Group

In addition to counseling clients on regulatory matters, Haynes and Boone environmental attorneys represent clients in related administrative and judicial environmental litigation, including:

• Administrative, civil and criminal enforcement actions brought by federal, state, and local governments;
• Citizen suits;
• Permit proceedings;
• Administrative appeals, e.g., of enforcement and permitting proceedings;
• Rule challenges; and
• Governmental and private party Superfund and related litigation.

Our litigation experience cuts across industries, media and substance. Our clients have included oil and gas companies, chemical companies, financial institutions, real estate developers, manufacturers, retailers and transportation companies.

We have particular experience in dealing with expert witnesses in environmental litigation. A number of our environmental lawyers have engineering or science degrees, and all have day-to-day experience dealing with the highly technical issues that arise in environmental litigation. We understand the technical issues and the regulatory framework in which those issues arise.