David Raphael

David Raphael

K&L Gates LLP

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Latest Publications


Rules for Rail Transport of Crude Oil and Ethanol Still a Work in Progress

In response to rail accidents over the past several years involving crude oil and ethanol, the U.S. Department of Transportation (“DOT”) has been working with industry stakeholders and the National Transportation Safety Board...more

8/5/2014 - DOT Ethanol Hazardous Substances NTSB Oil & Gas Oil Spills PHMSA Railroads Railways Safety Precautions Trucking Accident

DEP Provides New Guidance on Community Environmental Projects in Lieu of Civil Penalties

Recently revised guidance issued by the Pennsylvania Department of Environmental Protection (the Department or DEP) concerning use of community environmental projects (CEPs) in lieu of civil penalties warrant the attention...more

5/7/2014 - Civil Monetary Penalty Department of Environmental Protection Enforcement Actions Penalties Sustainable Projects

Environmental Hearing Board Charts Jurisdictional Course through Murky Waters of Pennsylvania’s Arcane Conservation Law

On November 20, 2013, the Pennsylvania Environmental Hearing Board (EHB) provided a compass for operators interested in applying for compulsory pooling orders with respect to oil and gas resources below the Onondaga Horizon....more

12/4/2013 - Conservation Department of Environmental Protection EHB Energy Oil & Gas

Adapting to a New Era of Strict Criminal Liability Enforcement under Pennsylvania’s Environmental Laws

Attorney General Kathleen Kane’s recent actions concerning the application of strict liability criminal offenses under Pennsylvania’s environmental laws present a new challenge for the oil and gas industry in Pennsylvania....more

10/14/2013 - Criminal Prosecution Environmental Crimes Oil & Gas Penalties Strict Liability

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