David McCullough

David McCullough

Sutherland Asbill & Brennan LLP

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The SemCrude Bankruptcy: Commodity Traders Prevail Against Related Fraud and U.C.C. Claims

In 2008, SemCrude, L.P. and related entities (collectively, SemCrude or the Debtors) filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code. In connection with the SemCrude bankruptcy, a dispute...more

8/25/2015 - Chapter 11 Commercial Bankruptcy Commodities Derivatives Energy Sector Fraud ISDA Master Agreement Jurisdiction Oil & Gas Ordinary Course of Business Defense Summary Judgment UCC

New Standards for Shipping Crude Oil, Petroleum Products and Renewable Fuel by Rail

On Friday, May 1, the U.S. Department of Transportation (“DOT”) issued a final rule establishing new requirements for transporting flammable liquids in a continuous block of 20 or more tank cars or 35 or more tank cars loaded...more

5/5/2015 - Crude by Rail DOT Final Rules Oil & Gas Railroads Regulatory Standards Renewable Fuel

Regulators Respond to Recent Crude by Rail Incidents: Ten Considerations Before Shipping Crude by Rail to Mitigate Exposure

Last week’s derailments in West Virginia and Canada bring more scrutiny to the already heavily scrutinized shipment of crude by rail given the real-time media coverage of the incidents. Last Friday, Oregon Senator Ron...more

3/2/2015 - Crude by Rail Oil & Gas Oil Spills PHMSA Railroads

More Regulatory Stability and Incentives for Biogas and Biomass Projects

Last month, the U.S. Environmental Protection Agency (EPA) announced a host of new incentives to encourage the use of fuels derived from biomass—including biogas that replaces traditional natural gas in the form of compressed...more

12/24/2014 - Biofuel Biomass Clean Air Act Clean Power Plan Energy Tax Incentives EPA Greenhouse Gas Emissions Liquid Natural Gas

Legal Alert: EPA Sends Rule Amending Renewable Fuel Biogas Provisions to the White House for Final Review

The Environmental Protection Agency (EPA) has sent amendments to the Renewable Fuel Standard (RFS) to the White House’s Office of Management and Budget (OMB) that would further incorporate the use of biogas into the RFS. OMB...more

5/21/2014 - EPA OMB Proposed Regulation Renewable Fuel Standard

The Environmental Protection Agency’s Authority to Amend the Renewable Fuel Standard

In this article: - Introduction - EPA’s Underlying Authority to Interpret the CAA - RFS Volume Mandate Reduction Authority under the CAA - Analysis of EPA’s Authority to Amend the RFS Regulatory...more

3/17/2014 - Clean Air Act Clean Energy Environmental Policies EPA Renewable Fuel Standard

Legal Alert: Energy Tax Reform: Current Updates And What It Means For Companies In The Energy Sector

Energy tax reform has been the subject of three recent, and very significant, administrative and legislative proposals: - The President’s 2015 budget, released on March 4, 2014; - The comprehensive tax reform plan...more

3/17/2014 - Energy Energy Tax Incentives Tax Reform

Legal Alert: EPA Issues Notice of Violation Alleging e-Biofuels, LLC Generated 33.5 Million Invalid RINs; EPA Plans to Seek Fines...

Today, December 18, 2013, the U.S. Environmental Protection Agency (EPA) issued a Notice of Violation (NOV) of the Clean Air Act’s Renewable Fuel Standard (RFS) to e-Biofuels, LLC and its parent company Imperial Petroleum,...more

12/19/2013 - Biofuel EPA Fines Oil & Gas Penalties Refineries Renewable Fuel Standard RINs

Legal Alert: Renewable Fuel Standard Costs Reach Record Levels: Corn-Ethanol RINs at $1.18 per RIN

The federal Renewable Fuel Standard (RFS) requires gasoline and diesel refiners, blenders and importers to purchase and use an ever increasing number of renewable fuel credits (known as RINs) generated by renewable fuel...more

7/11/2013 - EPA Ethanol Renewable Energy RINs

EPA Proposes Biogas Amendments to the Renewable Fuel Standard: RIN Generation on Electricity from Biogas, Cellulosic RIN...

On May 21, the Environmental Protection Agency (EPA) proposed amendments to the federal Renewable Fuel Standard (RFS) that would further incorporate the use of biogas into the RFS. The RFS requires gasoline and diesel...more

5/24/2013 - Biofuel EPA Renewable Energy Renewable Fuel Standard RINs

Legal Alert: Renewable Fuel Standard Costs Increase 1400% in Two Months: Corn-Ethanol RINs Cross $1.00 per Gallon Threshold

The federal Renewable Fuel Standard (RFS) requires gasoline and diesel refiners, blenders and importers to purchase and use an ever increasing number of renewable fuel credits (known as RINs) representing volumes of renewable...more

3/12/2013 - Renewable Energy Renewable Fuel Standard RINs

Legal Alert: EPA Issues Amendments to the Renewable Fuel Standard to Address RIN Fraud

Earlier today and in the wake of the fraudulent renewable fuel credit (known as “RINs”) scandal that has shaken both the renewable fuel and petroleum industries, the Environmental Protection Agency (EPA) released a number of...more

2/1/2013 - EPA Renewable Energy Renewable Fuel Standard

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