Energy & Utilities Transportation

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EPA Asks STB to Resolve Preemption Question

The Administrator of Region IX of the Environmental Protection Agency (EPA) has petitioned the Surface Transportation Board (STB) for a declaratory order to address whether locomotive idling rules issued by the South Coast...more

Will Foreign-Owned Mining Companies Build Africa’s Rail and Seaport Infrastructure?

Latham & Watkins partners Glen Ireland, Chair of the firm’s Mining & Metals Industry Group, and Clement Fondufe, Chair of the Africa Practice, look at the challenges facing foreign-owned mining companies and discuss how...more

Anticipating Washington State’s New Industrial Stormwater General Permit

The Washington Department of Ecology is in the process of renewing the current Industrial Stormwater General Permit (ISGP), which is set to expire on January 1, 2015. Current permit holders will need to reapply for continued...more

FERC Provides Important Guidance Regarding Confidentiality Agreements and “Duty to Support” Clauses

Yesterday, I wrote a blog post describing a FERC order that, for the first time ever, would have allowed an interstate oil pipeline to grant preferential rates and capacity rights to shippers making volume commitments through...more

FERC Rejects Preferential Rates and Capacity Rights for Committed Shippers on Pre-Existing Oil Pipeline Capacity

The Federal Energy Regulatory Commission (FERC) issued an order on March 20, 2014, rejecting Colonial Pipeline Company’s (Colonial) petition for a declaratory order (PDO) that, for the first time ever, would have allowed an...more

The Womble Carlyle Economic Development Digest - March 2014

Womble Carlyle’s Economic Development Digest aggregates news, opportunities and legislation impacting business in the United States. ...more

Current Developments in Eminent Domain and Oil and Gas Pipeline Construction (Under Construction - March 2014)

On February 19, 2014, a Nebraska state district court judge invalidated a portion of a Nebraska law that had, until the decision, permitted an alternate, streamlined method of obtaining eminent domain authority for the...more

California High Speed Rail Authority Gains New Approvals to Move Project Forward: Eminent Domain Proceedings Commenced on Eight...

Despite recent obstacles, the California High Speed Rail Authority (the “Authority”) remains steadfast in its determination to complete the high-speed rail project (the “Project”), bolstered by recent approvals from various...more

House Energy & Power Subcommittee Hearing Series: “Benefits of and Challenges to Energy Access in the 21st Century”

The House Committee on Energy and Commerce, Energy & Power Subcommittee recently held the second hearing in its series “Benefits of and Challenges to Energy Access in the 21st Century.” The hearing focused on fuel supply and...more

Illinois Local Sales Tax Sourcing Update: Tax Administration by Lawsuit

Previously, we advised of actions filed by the Regional Transportation Authority (RTA), the city of Chicago and Cook County against multiple companies as “respondents in discovery.” These actions all involved the proper...more

EPA Finalizes Rule Tightening Vehicle Emissions and Fuel Standards

The U.S. Environmental Protection Agency (EPA) released a final rule on March 3, 2014, that establishes stricter standards for motor vehicle exhaust emissions and the sulfur content of gasoline. The new “Tier 3” standards...more

EPA Finalizes Emissions Standards for Vehicles and Fuel

This week, EPA finalized its Tier 3 emission standards designed to reduce air pollution from passenger cars and trucks. The rule establishes new vehicle emissions standards and reduces the sulfur content of gasoline by...more

Update: USDOT Clarifies Its Oil-By-Rail Emergency Order To Answer Industry Concerns

In response to questions raised by the petrochemical industry, the federal Department of Transportation (USDOT) amended its emergency order restricting those who transport crude oil by rail in the United States last...more

California Environmental Law and Policy Update - March 11, 2014

Environmental and Policy Focus - California lawmakers pass $687 billion drought plan -- San Francisco CBS Local - Feb 27: California lawmakers have passed a $687 million plan to provide immediate relief to...more

FERC Reaffirms Reliance on “Committed Shipper” Rate Agreements for Oil Pipelines

The Commission emphasizes that a committed shipper negotiated rate’s deviation from cost-of-service does not overturn the presumption that the rate is just and reasonable....more

Congress Probes Crude by Rail Safety Developments; Voluntary Industry-Regulator Agreement Addresses Safety Concerns

Federal regulators and representatives of the rail and petroleum industries testified before a Congressional panel on February 26, 2014 on emerging safety regulations for transportation of crude by rail. Recent derailments...more

U.S. DOT Emergency Order Impacts Crude Oil Testing, Rail Shipping Requirements

In an emergency order issued on February 25, 2014, the U.S. Department of Transportation (DOT) directed all parties offering for transport or transporting petroleum crude oil to ensure that product is properly tested and...more

Safety Alerts and Other Recommendations in the Wake of Rail Accidents Involving Bakken Formation Crude Oil

Recent accidents involving rail cars transporting crude oil from the Bakken shale region have resulted in the heightened interest of rail industry regulators and other federal agencies, including the Pipeline and Hazardous...more

The Construction Advantage – Issue 2

We hope you enjoy Bernstein Shur’s second edition of The Construction Advantage. This newsletter will provide you with insight into the current legal issues in construction, news and updates. Our goal is to provide practical...more

House Ways and Means Chair Camp Releases Comprehensive Tax Reform Proposal

As expected, House Ways and Means Committee Chair Dave Camp (R-Mich.) released his long-awaited tax reform discussion draft on Wednesday, February 26, in which he seeks to lower the individual and corporate tax rates as well...more

Texas Environmental Update - February 28, 2014

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

USDOT Issues Emergency Order Impacting All Bakken Crude Oil Rail Shipments

In response to safety concerns over trains carrying crude oil extracted from Bakken shale, the federal Department of Transportation (USDOT) issued an Emergency Restriction/Prohibition Order yesterday, affecting all those who...more

Energy And Environment Update -- February 24, 2014

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Commerce; Department of Energy; Department of Interior; Department of State; Department of Transportation; Environmental Protection...more

Nebraska Court Stalls Keystone XL Pipeline, Declares Governor’s Approval Unconstitutional

On Wednesday, a Nebraska trial court struck down a state law allowing Governor Dave Heineman’s to approve the proposed route for TransCanada Corp.’s Keystone XL Pipeline. The decision comes just weeks after the State...more

Keystone XL Pipeline Project Halted in Nebraska

On Wednesday, a Nebraska District Court dealt the Keystone XL pipeline project a heavy blow. The court invalidated a law that allowed the state's governor to approve the pipeline's passage through Nebraska. The court ruled...more

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