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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

Weighing the Costs and Risks of Litigation

Citgo Petroleum received a Valentine’s gift of sorts from the Fifth Circuit Court of Appeals on February 14, in United States v. Citgo Petroleum Corporation. The Court affirmed an $81MM civil penalty assessed by the district...more

2/16/2018  /  Citgo , Clean Water Act , Oil & Gas , Oil Spills

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

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

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

Fifth Circuit Evaluates Application of Civil Penalty Factors for Oil Spills under the Clean Water Act, Holds Economic Benefit is...

On an appeal of a penalty determination in the first oil spill case to be tried under the civil penalty provisions enacted after the Exxon Valdez catastrophe in the Oil Pollution Act of 1991, the Fifth Circuit Court of...more

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