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California Governor Signs Bill Regulating Oil by Rail

On September 25, 2014, California Governor Jerry Brown signed legislation that will provide California’s emergency responders with more information about trains carrying crude oil and require railroad companies to provide...more

NextEnergy: Incubating Technology for Tomorrow's Homes and Cars

Two major forces are reshaping the cars that people will drive in coming years: the push to create a smarter (and eventually, even an autonomous) car, and the push for better fuel efficiency. Smarter cars are seen as a way to...more

Real Estate and Land Use - Sep 2014

Evidence of Economic Infeasibility of CEQA Alternatives Explained (SPRAWLDEF v. San Francisco Bay Conservation and Development Commission) - Why it matters: In upholding the approval of a 260-acre expansion to the...more

The Latest Update on Aviation Regulatory Matters Involving DOT, FAA, TSA, and Other Federal Agencies

Congressional Action Impacting Aviation - Senate Commerce Committee Chairman Requests Airline Information on Ancillary Service Fees, Consumer Privacy Protection: Senator John D. Rockefeller, IV, chairman of the...more

FERC Issues Declaratory Orders in Shell and Pivotal Proceedings Related to LNG Production Facilities

On September 4, 2014, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued declaratory orders in response to two petitions, each seeking a jurisdictional determination under the Natural Gas Act (“NGA”)...more

Is the U.S. Prepared Legally and Operationally to Protect Its Arctic Interests?

The answer to this question is a resounding “no.” The U.S. is not prepared to protect its interests in the Arctic over the next decade. The primary legal regime that is being relied upon by all members of the Arctic...more

Wrap-Up of Federal and State Chemical Regulatory Developments (September 2014)

Health Activists' Petition Seeks Sunset Of CBI Claims: On August 21, 2014, six environmental health organizations filed a petition under Section 21 of the Toxic Substances Control Act (TSCA). The petition urges the U.S....more

House Subcommittees Hold Joint Hearing On Characteristics Of Bakken Crude Oil

On September 9, 2014, the House Science, Space, and Technology Subcommittees on Energy and Oversight held a joint hearing entitled Bakken Petroleum: The Substance of Energy Independence. The hearing examined the...more

Texas Railroad Commission Proposes New Rules Related to Pipeline Eminent Domain Claims

The November 2011 issue of the Energy Newsletter addressed the case of Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, in an article titled Texas Supreme Court Ruling May Slow the Installation of Certain...more

Texas Environmental Update

Proximity to Natural Gas Wells and Reported Health Status: Results of a Household Survey in Washington County, Pennsylvania Environmental Health Perspectives, September 10, 2014 - "We conducted a hypothesis...more

Renewable Energy Update -- September 2014

Renewable Energy Focus - Communities going into power business to cut cost, carbon footprint: Los Angeles Times - Aug 1: Sonoma County is at the forefront among eco-minded communities plunging into the power business...more

Recent FERC Orders Address the Jurisdictional Status of LNG Facilities Targeting Vehicular Fuel, Marine, High Horsepower Engine...

North America’s new-found wealth in natural gas is driving energy industry participants to seek out new markets for the suddenly abundant fuel. Among these are markets for vehicular and marine fuels, other applications...more

PHMSA Proposes Regulations Claimed to Make Business Easier for Retailers and Transporters and Finalizes a Regulation that Could...

The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently published two proposed regulations that may positively affect retailers and transporters, if implemented as proposed. In addition, PHMSA finalized a...more

Texas Railroad Commission Proposes Regulation to Address Earthquake Risks from Disposal Wells

In the August 29, 2014 issue of the Texas Register (39 Tex. Reg. 6775), the Railroad Commission of Texas proposed several amendments to the regulations governing saltwater and other oil and gas waste disposal (SWD) wells (16...more

California Environmental Law and Policy Update - August 2014 #7

Environmental and Policy Focus - Former inspector calls for state's last nuclear plant to be closed: Los Angeles Times - Aug 25 -- A former federal inspector has urged regulators to shut down California's last...more

TX House Subcommittee Hears Testimony from Railroad Commission Seismologist on Proposed Rules Related to Disposal Wells in...

Following the Texas Railroad Commission’s recent proposal for additional rules related to disposal wells in “high-risk” seismic areas, on Monday, August 25, members of the Texas House Subcommittee on Seismic Activity heard...more

Ninth Circuit Court Of Appeals Rules That Emission Of Locomotive Diesel Particulate Matter Is Not Disposal Under RCRA

In a unanimous decision, the U.S. Court of Appeals for the Ninth Circuit on August 20, 2014, upheld a lower court’s ruling and rejected an attempt by several environmental groups to use the citizen suit provision under the...more

DOT Issues Proposed Rule to Harmonize HMR with International Standards

On August 25, 2014, the Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a proposed rule seeking to harmonize the hazardous materials regulations (HMR) with...more

California Environmental Law and Policy Update - August 2014 #5

Environmental and Policy Focus: The California Supreme Court further limits the scope of CEQA review for voter-sponsored initiatives: Allen Matkins - Aug 11: Voter-driven initiatives meeting California Elections Code...more

An Update on Aviation Regulatory Matters Involving DOT, FAA, TSA, Customs and Other Federal Agencies

Department of Transportation - - Regulatory ..DOT Extends Comment Period on Passenger Protection Rulemaking: DOT published a notice on August 6 extending the comment period for its Transparency of Airline...more

Ninth Circuit Rejects Environmental Groups’ RCRA Claims Against Railyard Operators

The Ninth Circuit has affirmed the dismissal of claims by environmental groups attempting to characterize air emissions from California railyards as “disposal” of waste under the Resource Conservation and Recovery Act (RCRA)....more

Ebola and its effect on shipping contracts

More than 1000 people have died in West Africa following the current outbreak of Ebola which began in March 2014. Guinea, Sierra Leone and Liberia are the worst affected countries but deaths have now also been reported in...more

Energy & Environment Update - August 2014 #2

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

DOT Proposes Hazardous Materials “Reverse Logistics” Program

The Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) on August 11, 2014, proposed a rule that would add a section to the Hazardous Materials Regulations (HMRs) creating...more

Energy & Environment Update - August 2014

In This Issue: - Environmental Protection Agency 111(d) Proposed Rule - Energy and Climate Debate - Congress - Administration - Department of Agriculture - Department of...more

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