Energy & Environmental Alert – When the Oklahoma Corporation Commission Says, “No Further Action,” How Much Does It Count?
An OCC no-further-action letter and a final order closing a spill site do not bind a district court hearing a private nuisance claim. But the court may weigh them as evidence and may rely on them in holding that a plaintiff has not shown (by clear and convincing evidence) the likelihood of success needed to justify a mandatory cleanup injunction.


