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The Sunset Will Last A Little Longer — UST Fund Extended

On September 25, 2014, Governor Brown signed SB 445 (Hill) Underground storage tanks; hazardous substances: petroleum: groundwater and surface water contamination into law (UST Law). The UST Law was an urgency measure that...more

EPA Delay of 2014 RFS Rule Increases Potential for Congressional Activity

On November 21, 2014, the Environmental Protection Agency (EPA) announced that it would further delay finalizing the 2014 Renewable Fuel Standard (RFS) volumetric blending requirements until 2015. This announcement put the...more

USDA Announces Release of Report Charting Path to Commercialization of Cellulosic Nanomaterials

On November 24, 2014, the U.S. Department of Agriculture (USDA) announced that the U.S. Forest Service (USFS) has released a report that details the pathway to commercializing affordable, renewable, and biodegradable...more

Russian Legislation Update

In This Issue: - Foreign Investments: Mass Media - Project Finance - Environment - Electric Power - Banking - National Payment System - Securities: New Issue Standards - Excerpt from Electric...more

ML Strategies Energy and Environment Update: Week of 11/24/2014

ENERGY AND CLIMATE DEBATE - Prior to recessing for the Thanksgiving holiday, the House and Senate both took several votes and introduced numerous pieces of legislation on energy and environment related issues last...more

The Unintended Effects of Protecting the Environment – How Banning Fracking Can Lead San Benito County To Bankruptcy

On November 4, 2014, San Benito County voters went to the poles to vote on Measure J, the measure designed to prohibit hydraulic fracturing, known as fracking, and related gas and oil extraction activities, as well as other...more

Colorado Oil & Gas Association Seeks Overturn of Broomfield Hydraulic Fracturing Ban

On Monday, November 24, the Colorado Oil & Gas Association (COGA) filed a lawsuit in the Broomfield District Court for declaratory judgment to invalidate that city’s temporary ban on hydraulic fracturing. The ban, known as...more

Energy & Environment Update - November 2014 #4

In This Issue: - Energy and Climate Debate - Congress - Department of Energy - Department of Transportation - Department of Treasury - Environmental Protection Agency - Federal...more

Ninth Circuit Rejects Use of Preemptive Litigation to Validate Federal Approvals

Shell Gulf of Mexico, Inc., v. Center for Biological Diversity, (11/12/14, No. 13-35835) The Ninth Circuit has rejected a “novel litigation strategy” that Shell Gulf of Mexico, Inc., employed in an effort to preempt a...more

Saskatchewan Prime Contractor Regulations Coming into Force January 1, 2015

On January 1, 2015, The Occupational Health and Safety (Prime Contractor) Regulations will come into force in Saskatchewan (the Prime Contractor Regulations). If you are doing business in Saskatchewan, you should...more

I’m Still a Cockeyed Optimist When It Comes to Climate Change

Last week, NRG Energy announced plans to reduce CO2 emissions 50% by 2030 and 90% by 2050. And this reduction is not from a 1990 or 2005 baseline; it is from 2014 emissions. NRG’s statement indicated that it had already...more

Fracking Preemption Fight to Play Out in San Benito County

It appears that San Benito County will be the venue for the much-anticipated legal battle over whether local jurisdictions in California can ban hydraulic fracturing. In early November, San Benito County passed a...more

2015 AWBA Annual Plan Draft Available Online for Comment

The Draft 2015 Annual Plan of Operation for the Arizona Water Bank Authority (AWBA) is available online for comment. Written comments may be submitted to the AWBA via email prior to the close of business on December 1, 2014....more

Baker Botts Year-End Perspectives: Bill Bumpers

This is the third in a series of six Q&As with Baker Botts partners addressing the most significant developments in their practice areas this year, as well as their outlook for 2015. The Q&As will be posted throughout the...more

Wotus: Scotus, Potus . . . Lotus?

It was inevitable I suppose. In a town where every policy discussion reaffirms the lampooning it receives in HBO’s “Veep,” it was only a matter of time until the EPA/Army Corps’ proposed rule on the scope of jurisdiction...more

New Federal Chemical-Disclosure Regulations? Public-Comment Period Has Ended

In our July/August newsletter, we wrote that in May 2014, the Obama administration began to accept comments regarding potential federal hydraulic-fracturing regulations. The EPA, through an advance notice of proposed...more

Judge Barbier BP Attempt to Limit Clean Water Act Fines

On September 4, 2014, District Court Judge Carl Barbier issued his “Findings of Fact and Conclusions of Law – Phase One Trial” in the Deepwater Horizon oil spill litigation. In his 153 page opinion, Judge Barbier found BP...more

Beveridge & Diamond Secures Favorable CARB Determination in Offset Investigation for U.S.’s Largest GHG Offsets Provider

Attorneys in Beveridge & Diamond’s San Francisco office recently helped the largest developer of greenhouse gas (GHG) offset credits in the U.S., Environmental Credit Corp. (ECC), secure a favorable determination from the...more

Maryland Jurisdictions Expanding P3 Strategies Despite Political Uncertainty

Despite perceived uncertainty as to the future of two, prominent transportation P3 projects, it appears that jurisdictions within Maryland are looking to P3 structures to solve a wider array of infrastructure issues in the...more

EPA Announces New Greenhouse Gas Reporting Rule for Oil and Gas Sector

On Friday, the U.S. Environmental Protection Agency (EPA) announced new rules for reporting greenhouse gas emissions that will apply to the oil and gas sector, part of EPA’s plan to institute a comprehensive strategy for...more

Denton Becomes First Texas City to Ban Hydraulic Fracturing

On Tuesday, November 4, 2014, 59 percent of voters elected to ban the practice of hydraulic fracturing (“fracing”) in the city of Denton, which sits on top of the hydrocarbon-rich Barnett Shale. Although the ban does not...more

EPA Issues Report On Future Of RCRA Program

At the winter meeting of the Association of State and Territorial Solid Waste Management Officials (ASTSWMO), EPA on October 29, 2014, issued a report on the Resource Conservation and Recovery Act (RCRA) program that appears...more

Energy & Environment Update - November 2014 #3

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Defense - Department of Energy - Department of Interior - Department of State -...more

Massachusetts Climate Adaptation Policy: How Broad Will It Be?

Yesterday, I suggested that Massachusetts EOEEA may not have authority to issue its “MEPA Climate Change Adaptation and Resiliency Policy.” However, since I also conceded that Massachusetts courts are unlikely to agree with...more

ML Strategies Energy and Environment Update: Week of 11/17/2014

ENERGY AND CLIMATE DEBATE - President Obama and Chinese President Xi Jinping jointly pledged November 11 in Beijing to make significant CO2 reductions in the next two decades. The United States will reduce its net...more

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