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Energy Department Announces Hydrogen Power Initiatives

In a previous blog, we discussed the potential boom for hydrogen should it find a role in meeting the Biden Administration's goal of zero carbon energy usage by 2050. On April 23, 2021, the Department of Energy (DOE)...more

Trump Track: Measure Twice, Cut Once - A Good Rule for Pipeline Approvals

Recent court decisions have stymied the Trump Administration’s determination to accelerate permit approvals for oil and gas infrastructure projects, a policy focus since it came into office. Its tools have essentially been...more

Trump Track: Who’s Driving This Train?

On Thursday, January 4, 2018, the Department of the Interior (DOI) announced a proposal to open 25 of its 26 offshore planning areas for leasing for oil and gas drilling, reversing an Obama Administration drilling plan that...more

Trump Track: Court Blocks Postponement of Methane Rule, But Battle Continues

On October 4, the district court for the Northern District of California in State of California and Sierra Club, et al v. BLM, et al. held that BLM could not postpone its enforcement of various provisions of the Obama-era...more

Could the US Be “Aiding and Abetting” Cape Wind MBTA Violations?

In the latest legal wrangling over the long-delayed Cape Wind Associates’ wind farm off Nantucket, during oral argument judges on the DC Circuit suggested that by permitting the wind farm, the US might be aiding and abetting...more

BP has settled its Clean Water Act penalty claims, but important questions remain to be decided

The United States and BP lodged their proposed settlement of the remaining claims by the US in connection with the Deepwater Horizon explosion and spill with the US District Court today. Comments to the Justice Department are...more

Corporate Wrongdoing: More Civil and Criminal Liability for Individuals?

The US Department of Justice has issued a memorandum to all of its prosecuting Divisions, directing changes to the principles applied by DOJ in prosecuting civilly or criminally individuals who engage in corporate misconduct....more

Migratory Bird Treaty Act Narrowly Interpreted: the Fifth Circuit Joins the Eighth and Ninth Circuits

The Fifth Circuit Court of Appeals reversed a district court decision holding CITGO liable for three misdemeanors under the Migratory Bird Treaty Act (MBTA) for bird deaths (the opinion lists 35 birds, including “twenty...more

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