Thomas Hogan

Thomas Hogan

BakerHostetler

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Texas Supreme Court to Hear Defamation Case Involving Fracking Claims

On August 21, 2014, the Texas Supreme Court agreed to hear oral arguments in an ongoing dispute between a homeowner and Texas-based oil driller Range Resources Corp. The case is not a typical homeowner vs. oil driller...more

8/28/2014 - Anti-SLAPP Appeals Contamination Defamation Disparagement EPA Fracking Methane Oil & Gas Underground Injection Wells Water Supplies

EPA Proposes to no Longer Accept 2005 Version of ASTM Standards and Practices for Environmental Site Assessments as Basis for...

On June 17, 2014, EPA published a Proposed Rule to no longer acknowledge the 2005 version of ASTM International’s recently updated version of its standard for environmental site assessments – Standard 1527-13 – to meet the...more

6/24/2014 - ASTM CERCLA Contamination Environmental Site Assessment EPA Final Rules Liability Proposed Regulation

Supreme Court Sends Strong Signal that Lower Courts Should Stop Interpreting CERCLA “in a liberal manner” and Focus on the...

The Supreme Court’s decision in CTS Corp. v. Waldburger, No. 13-339, 573 U.S. __ (June 9, 2014), sends a strong message to lower courts that the oft-repeated refrain that CERCLA is a “remedial statute” that must be...more

6/12/2014 - CERCLA Contaminated Properties CTS v Waldburger Environmental Liability Environmental Policies Hazardous Substances SCOTUS Statute of Limitations Statute of Repose Water

D.C. Circuit Tells EPA Its Policy on Aggregating Sources for Clean Air Act Permitting Violates EPA’s Own Regulations

Following a ruling by the D.C. Circuit, EPA may no longer consider interrelatedness in determining adjacency when making source determination decisions in its Title V or New Source Review permitting decisions under the Clean...more

6/9/2014 - Clean Air Act EPA Natural Gas NSR Oil & Gas Title V

Seventh Circuit Opens the Door for Judicial Review of Citizen Suits Challenging Completed Portions of Ongoing CERCLA Cleanups

The Seventh Circuit Court of Appeals has opened the door for judicial review of CERCLA citizen suits challenging the completed portions of some cleanup actions even when cleanup at the site is ongoing. The case is Frey v....more

5/20/2014 - Appeals CERCLA Citizen Suits EPA Judicial Review Remediation

Colorado Activist Group Opposed to Hydraulic Fracturing Proposes Ballot Initiative To Give Municipalities Broad Regulatory...

Last week, the Colorado Community Rights Network, an activist group that opposes hydraulic fracturing, filed a proposed ballot initiative to amend the Colorado Constitution to give municipalities extraordinarily broad...more

1/28/2014 - Fracking Fracking Bans Municipalities Oil & Gas Utilities Sector

EPA Adopts Updated Standards And Practices For Environmental Site Assessments; Forthcoming Proposed Rule Will No Longer Accept...

On December 30, 2013, EPA published a Final Rule providing that a prospective purchaser or tenant of contaminated property may use ASTM International’s recently updated version of its standard for environmental site...more

1/3/2014 - ASTM CERCLA Contaminated Properties Environmental Assessments EPA

Litigation Over Hydraulic Fracturing in New York Rolls On, As Arguments Are Made To High Court The Same Week A New Lawsuit Emerges...

On December 16, 2013, the Town of Dryden, New York filed its merits brief with the New York Court of Appeals, arguing that state law does not preempt the Town’s local zoning ordinance purporting to ban hydraulic fracturing....more

12/19/2013 - Fracking Fracking Bans Oil & Gas

House Passes Bill Accelerating Oil and Gas Permits and Federal Lease Sales; White House Threatens Veto

On November 20, 2013, the U.S. House of Representatives passed H.R. 1965 (“Federal Lands Jobs and Energy Security Act”) by a vote of 228 to 192. H.R. 1965 is primarily aimed at accelerating the oil and gas permitting process....more

11/25/2013 - Oil & Gas Permits Proposed Legislation

White House Threatens Veto Of House Bill Giving States Primacy Over Federal Regulation Of Hydraulic Fracturing On Federal Lands

On November 20, the U.S. House of Representatives began floor debate on a bill giving state law primacy over federal regulation of hydraulic fracturing on federal lands: H.R. 2728 (“Protecting States’ Rights and Preventing...more

11/21/2013 - Energy Energy Policy Fracking Government Land Legislative Vetoes

EPA Increases Some Civil Monetary Penalties; Majority Remain Unchanged Until 2017

Effective as of December 6, 2013, EPA has increased the civil penalties for 20 of the 88 statutory civil penalty provisions that the agency administers. The majority of civil penalties are unchanged because of the low rate of...more

11/7/2013 - Civil Monetary Penalty EPA Inflation Adjustments

CERCLA Preempts State-Law Claims Arising Out Of Petroleum Contamination

In what appears to be a first, a federal district court has held that the “Petroleum Exclusion” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) preempts state-law contribution claims...more

10/15/2013 - CERCLA Contamination Environmental Claims Oil & Gas Petroleum Preemption Remediation

Environmental Groups Set Stage for Litigation Challenging BLM’s Proposed Hydraulic Fracturing Rulemaking with Claim That BLM Is...

Eighteen environmental organizations – lead by the Sierra Club – are claiming that the Bureau of Land Management (“BLM”) will violate the National Environmental Policy Act (“NEPA”) if it finalizes its proposed rulemaking...more

9/11/2013 - Bureau of Land Management Environmental Claims Environmental Impact Report Environmental Policies Fracking NEPA

Third Circuit Decision Allowing CERCLA Contribution Claim Based On Settlement Of State-Law Liability Sets Up Split With Second...

A panel of the United States Court of Appeals for the Third Circuit decided an important precedential decision last week expanding the right to seek contribution for cleanup costs under the Comprehensive Environmental...more

9/4/2013 - CERCLA Contribution Claims Environmental Claims Environmental Policies

New Study Posits Correlation between Extraction/Injection Wells and Seismic Events in Eagle Ford Shale

A new study assesses potential correlations between small-magnitude seismic events with fluid extraction and injection in the area of the Eagle Ford Shale of south-central Texas....more

8/29/2013 - Earthquakes Fracking Seismic Data Shale Gas

Groups Petition the U.S. EPA to Amend Greenhouse Gas Reporting Requirements for the Oil and Gas Sector

EPA recently posted a March 19, 2013 petition for rulemaking by environmental groups seeking to amend the regulations governing the Petroleum and Natural Gas Systems source category (Subpart W) of EPA’s Mandatory Greenhouse...more

7/29/2013 - EPA Greenhouse Gas Emissions Oil & Gas Proposed Amendments Reporting Requirements

EPA Lifts Threat of CERCLA Liability for Some Tenants of Brownfields

Tenants who lease currently or formerly contaminated property can now benefit from protections from cleanup liability that were once available only to purchasers of such property. EPA announced its new policy in a December...more

2/18/2013 - Bona Fide Purchaser Brownfield Properties CERCLA Commercial Leases Contaminated Properties Environmental Liability Environmental Remediation Costs EPA Landlords Superfund Tenants

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