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Climate Change Litigation – State Tort Cases Move Ahead

Climate change-related litigation has been increasing in the United States for the past several years. Not only have the actual number of these types of cases increased, but the claims raised in these cases have been...more

Charting Climate Change Cases: A Survey of Recent Litigation

Introduction - Right now, cases involving climate change are being heavily litigated in courts across the United States. Hundreds of climate change-related cases have been filed in both federal and state courts, where...more

FERC Responds Quickly and Decisively to D.C. Circuit Remand in Sabal Trail Matter on Downstream GHG Analysis

The Federal Energy Regulatory Commission (“FERC”) weighed in rapidly and decisively on the Sabal Trail (a/k/a Southeast Market Pipelines or “SMP Project”) case that the D.C. Circuit remanded to it on August 22, 2017. As...more

Robinson Rejected: Zoning Ordinance Permitting Oil and Gas Development in Residential-Agricultural Districts Is Constitutional

Action Item: Oil and gas companies and attorneys should have this case at the ready when NGOs and interest groups continue their attempts to invalidate local zoning ordinances allowing for oil and gas development by relying...more

EPA Takes Initial Steps toward Regulating Greenhouse Gas Emissions from Aircraft

Action Item: As a first step towards regulating aircraft emissions that contribute to climate change or emit greenhouse gas pollutants, the EPA has proposed to find that some greenhouse gas emissions from certain aircraft...more

Environmental Litigation, Compliance and Transactional Costs to Increase as a Result of EPA’s New Vapor Intrusion Guidance

Action Item: Vapor intrusion has been a primary concern of state and federal environmental agencies for the past decade, and, accordingly, remedial actions have included vapor migration and intrusion as an exposure pathway....more

Court Decisions Halt Momentum on Local Oil and Gas Regulations

Action Item: Oil and gas operators should be aware that courts recently have been paring back on the power of local municipalities to regulate their operations. ...more

Commerce Department Issues New Guidance on Technical Crude Export Issues

Action Item: New policy guidance in the form of “Frequently Asked Questions” was published by the Commerce Department on December 20, 2014, with regard to crude oil export controls. Stakeholders interested in crude oil...more

The 2014 Philadelphia Energy Summit: We Have a Philadelphia Regional Energy Hub—“If We Can Keep It.”

The buzz has gone national about the Philadelphia Region becoming the next energy and feedstock hub. On December 5, a landmark event in the history of the Philadelphia Region took place when Drexel University hosted the first...more

TSCA on Hydraulic Fracturing: Gateway to New Federal Rules?

Historically, states have taken the lead in regulating oil and gas development given the states’ primary interest in securing rational oil and gas development in their own boundaries. Hydraulic fracturing—a 60-year-old...more

Exports of Condensate Reflect Evolution, Not Revolution, In Crude Export Regulation

On June 24, 2014, various news sources reported that the Department of Commerce (“DOC”) had allowed two companies to export processed condensate, suggesting a breakthrough in the 40-year ban on crude oil exports. The reality...more

More Pipeline Development Projects: What America Needs

National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more

EPA Up 3-0 in Clean Air Cases: What it Means for Greenhouse Gas Regulations

The D.C. Circuit, by majority decision, upheld MATS, which requires coal- and oil-fired power plants to reduce emissions of mercury, arsenic, chromium, and other air pollutants. When the EPA adopted MATS in 2011, it did not...more

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