News & Analysis as of

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

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

Ninth Circuit Denies Rehearing of Clean Air Act Suit and War of Words Ensues

On February 3, 2014, the United States Court of Appeals for the Ninth Circuit declined to rehear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could significantly...more

Nebraska Sues U.S. EPA Over Proposed Greenhouse Gas Emissions Standards for New Power Plants

Nebraska filed suit against the U.S. Environmental Protection Agency (EPA) in federal court on Wednesday, challenging the agency’s newly proposed standards for greenhouse gas emissions from new power plants. Nebraska argues...more

Industry Groups Petition D.C. Circuit for Review of Revisions to Air Pollution Standards for Oil & Gas Production Sources

On November 22, industry groups filed in the D.C. Circuit five petitions for review of the Environmental Protection Agency’s (EPA) final amendments to new source performance standards (NSPS) governing the oil and natural gas...more

California Environmental Law and Policy Update - October 28, 2013

Environmental and Policy Focus -- Greenhouse Gas Dispute Dismissed Over Lack of Standing to Sue - CourtHouse News - Oct 17: Environmental groups lack standing to challenge the Washington state Ecology Department's...more

SCOTUS Review of GHG Regulations – Opportunity for the Oil and Gas Sector?

The Supreme Court announced this week that it would review the U.S. Environmental Protection Agency’s (EPA) authority to regulate “greenhouse gases” (GHGs) under the Clean Air Act. While the Court accepted six petitions for...more

Envirnomental Regulatory Update: Environmental Progress & Sustainable Energy - Volume 32, Issue 3 - October 2013

Oil and Gas Update - Hydraulic Fracturing Regulations - Bureau of Land Management: On May 16, 2013, the U.S. Department of Interior’s Bureau of Land Management (BLM) released a Supplemental Notice of Proposed...more

Third Circuit Holds “Source State” Common Law Tort Claims Not Preempted by Federal Clean Air Act

In an opinion filed on Tuesday, August 20, 2013, the U.S. Court of Appeals for the 3rd Circuit held that the federal Clean Air Act (CAA) does not preempt common law tort claims grounded in state law and brought against a...more

Second Circuit Affirms Exxon Judgment, Rejects Clean Air Act Preemption Argument

Exxon Mobil Corp. must pay up, so said a three judge panel of the Second Circuit late last month. Opening the door to a flood of litigation concerning the gasoline additive MTBE, the Second Circuit affirmed a jury verdict...more

Energy And Environment Update -- August 12, 2013

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Commerce; Department of Energy; Department of Interior; Environmental Protection Agency; Nuclear Regulatory Commission; International;...more

Combine New Gas Plants, Lower Gas Prices, and More Stringent Emission Controls and What Do You Get? Lower Emissions

ISO New England has just released its Electric Generator Air Emissions Report for 2011. The bottom line?...more

The "State" of the Shale Play in the United States: A Look Back on 2012 and What to Expect in 2013

During 2012, several states adopted new statutory and regulation programs addressing the exploitation of shale resources within their boundaries. Continuing a common election year theme, Congress took no significant formal...more

EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth...

Introduction - On December 21, 2012, the U.S. Environmental Protection Agency (“EPA”) issued a new guidance memorandum (the “Page Memorandum”) on single source determinations for the oil and gas industry under the Clean...more

Skadden's 2013 Insights: Regulatory

Communications Law: The Relentless Pursuit of Broadband Competition - As the Obama administration enters its second term, the Federal Communications Commission (FCC or Commission) is one of many federal agencies likely...more

DISPUTE RESOLUTION: Oil & Gas Litigation: Seven States Threaten to Sue to Force EPA to Address Methane Emissions from Oil and Gas...

New York, Connecticut, Delaware, Maryland, Massachusetts, Rhode Island, and Vermont recently sent EPA Administrator Jackson a Clean Air Act Notice of Intent to Sue based on the Agency’s failure to take certain actions...more

Seven States File Notice of Intent To Sue USEPA Over Methane Emission Standards

On December 11, 2012, a group of seven states led by New York Attorney General Eric T. Schneidermann notified the U.S. Environmental Protection Agency (EPA) of their intent to sue the agency....more

The Natural Gas Industry: 2012 Year in Review and Look Ahead

In 2012, industry observers began to see a divergence in production activity in the Marcellus and Utica Shale region. Producers with liquids-rich holdings began to divert rigs from the dry gas areas to the Utica and western...more

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