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Proposed Assembly Bill 356 Would Require Additional Groundwater Monitoring by Oil & Gas Operators

California Assemblymember Das Williams (D-Carpinteria) has introduced an oil and gas bill to ensure that the state comes into compliance with the Class II underground injection (“UIC”) requirements under the federal Safe...more

Regulating Exploration on the Arctic OCS: U.S. Federal Regulators Propose Rules for Oil and Gas Exploratory Drilling on the Arctic...

In recent years, the energy industry has expressed significant interest in investigating submerged lands on the U.S. Outer Continental Shelf (OCS) in the Arctic for commercial quantities of oil and natural gas. The...more

The Supreme Court of Texas Marries Contractual Limitations to Insurance Policies

In a case that has been closely watched by the oil and gas industry and its insurers, the Supreme Court of Texas issued its opinion in In re Deepwater Horizon on February 13, 2015, and settled the debate concerning whether a...more

The Keystone Pipeline Cleared Hurdles in Congress, But Was Tripped Up by Presidential Veto

This new year has been marked with a flurry of activity surrounding the approval of the Keystone XL Pipeline project. Following the changing of the guard in a new Republican-led Congress, Alaskan Senator Lisa Murkowski led...more

Land Subsidence Damage Caused by Groundwater Withdrawals in Arizona: Who Pays?

Land subsidence is a problem that affects many areas of the world, with well-publicized case studies in Mexico City, Tokyo, and certain areas within California and Arizona. ...more

The President’s FY2016 Federal Budget Request: Programs Relevant to Tribal Energy Development

The White House transmitted its Fiscal Year 2016 Budget Request to Congress on February 2, 2015. Overall, the budget includes over $7.4 billion in funding for clean energy technology programs across the federal agencies. ...more

Supreme Court of Ohio Rejects Local Governments’ Attempts to Regulate Oil and Gas Activities

In the Appalachian basin, several states have recently faced the issue of whether local governments have the ability to regulate oil and gas operations, potentially causing a maze of varying rules and requirements from one...more

Settlement Reached in Wyoming Fracking Disclosure Lawsuit: Heavier Burden of Proof for Companies Claiming Trade Secret or...

As we’ve previously discussed, a patchwork of state regulations requiring disclosure of chemicals used in fracking have been enacted by several states in recent years. One such regulation was by the State of Wyoming. While...more

New Mexico Federal Court Frames The Issues That Will Define Future Fights Over Local Fracking Regulation

On January 15, 2015, the United States District Court for the District of New Mexico became the first federal court to address questions related to the scope of local governments’ ability to regulate oil and gas development...more

CEQA Roundup – Recent Developments

Numerous CEQA-related developments have recently been in the news. Some of possible interest include: Kings and Kern Counties, the Kings County Farm Bureau, and a number of other groups filed a petition on February 9 with the...more

"Year of Water" Points to Major Changes During 2015 Florida Legislature

2015 is being called the "Year of Water" for the Florida Legislature. Springs have declined in flow and water quality, aquatic habitats have become degraded, and rivers flowing from Lake Okeechobee and the estuaries of these...more

Crude-by-Rail Update: What to Expect From Recent Crude Oil Derailments

These are uncertain and stressful times for all involved in the transportation of crude oil by rail. Since February 14, two fiery derailments in West Virginia and Ontario have refocused an unwelcome spotlight on the necessity...more

Senators Urge EPA To Set And Increase Biodiesel RFS Volumes

On February 9, 2015, a bi-partisan group of 32 Senators led by Senators Heidi Heitkamp (D-ND), Roy Blunt (R-MO), Patty Murray (D-WA), and Chuck Grassley (R-IA) sent a letter to U.S. Environmental Protection Agency (EPA)...more

Greenhouse Gases and Environmental Review: CEQ’s expansive view on how NEPA treats GHGs

On December 18, 2014, the White House Council on Environmental Quality (CEQ) proposed revised guidance (“Guidance”) directing how federal agencies should consider greenhouse gas (GHG) emissions and climate change when...more

Clean Jobs Coalition Calls For Updated Renewable Energy Laws In Illinois

On February 4, 2015, the newly formed Illinois Clean Jobs Coalition and Chicago Mayor Rahm Emanuel called for an update of the renewable portfolio standard (RPS) that was put into place in 2007. ...more

Development Of Brackish Groundwater For Hydraulic Fracturing Operations: Regulatory And Policy Issues

A. The Brackish Groundwater Resource Opportunity. According to the Texas Water Development Board (“TWDB”), more than 2.7 billion acre-feet of brackish groundwater exists within the State of Texas. Texas has numerous...more

California Environmental Law & Policy Update - February 2015 #2

Environmental and Policy Focus: State Water Board launches investigation into claims of senior water rights - Allen Matkins - Feb 9: On February 4, 2015, the State Water Resources Control Board issued an order seeking...more

North Carolina offshore wind environmental assessment

The U.S. Department of the Interior's Bureau of Ocean Energy Management has released an environmental assessment of the impacts of leasing sites off the North Carolina coast for offshore wind projects. This milestone...more

Federal Court Remands Renewable Energy Project for Additional Explanation; Delay Ensues

Last week, a federal district court in Nevada ruled that the Bureau of Land Management (BLM) and U.S. Fish and Wildlife Service (FWS) failed to adequately explain a decision to authorize a proposed wind energy project. The...more

New York’s Green Bank Committing to Diverse Transactions

New York State’s one-billion-dollar Green Bank opened for business in 2014 and has begun committing to transactions. The Green Bank’s self-professed sweet spot is investments between $5 million and $50 million. Examples of...more

California Water Leaders Testify at Capitol on Water Bond

Earlier this week, California’s water leaders testified during an informational hearing at the Capitol before the Assembly Committee on Water, Parks, and Wildlife about the new $7.5 billion water bond....more

Will EPA Be Able to Avoid Regulating Existing Sources of Methane?

The Obama administration recently announced plans to directly regulate methane gas emissions from oil and gas wells for the first time. A cornerstone of the regulations will be New Source Performance Standards (NSPS) for new...more

California State Senators Announce Suite of Aggressive Climate Legislation

On Tuesday, February 10, several members of the California Senate proposed a package of four bills that would expand the state’s climate change and renewable energy programs, and extend those programs through 2050. If...more

Missouri Federal Court Cuts Claims in Pipeline Property Damage Action

Underscoring the need for plaintiffs to show concrete proof of harm in suits alleging property damage, a federal district court dismissed a suit alleging that an oil pipeline contaminated farmland in Missouri. See Henke v....more

Energy & Environment Update - February 2015 #2

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Energy - Department of Interior - Environmental Protection Agency -...more

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