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Oil & Gas Administrative Procedure Act

Holland & Knight LLP

Court Strikes Down Key Endangered Species Act Opinion

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A federal court has thrown out key Endangered Species Act (ESA) analyses of oil and gas operations in the Gulf of Mexico, which will be vacated as of Dec. 20, 2024. The United States District Court for the District of...more

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Decision Opens Doors to Rate Increases by FERC-Regulated Oil, Liquids and Refined Products Pipelines

Interstate oil, liquid and refined products pipelines regulated by the Federal Energy Regulatory Commission (FERC) will soon be able to raise their transportation rates (provided they were set using FERC’s popular Index rate...more

Holland & Knight LLP

Appeals Court Restores Offshore Oil, Gas Lease Sale Without Rice's Whale Protections

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The U.S. Court of Appeals for the Fifth Circuit on Nov. 14, 2023, dismissed claims brought by environmental groups challenging offshore oil and gas Lease Sale 261. The court ordered that the sale take place within 37 days of...more

Vinson & Elkins LLP

At DC Circuit, FERC Defends Oil Pipeline Index Rehearing Orders as the Result of Notice and Comment Process

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On October 25, 2023, the United States Court of Appeals for the District of Columbia Circuit heard the Liquid Energy Pipeline Association’s (“LEPA”) challenge to the Federal Energy Regulatory Commission’s (“FERC”) rulings,...more

Foley & Lardner LLP

The Austin Court of Appeals Determines that PSA Wells Do Not Require Pooling Authority

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Horizontal drilling in the last decade materially altered oil and gas production in Texas. Horizontal wells allow producers to unlock vast mineral resources otherwise inaccessible to traditional vertical drilling. Commentors...more

Goldberg Segalla

Colorado Drilling Project Stopped in its [F]racks!

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On May 19, 2022, a Colorado federal district court judge, the Honorable Marcia S. Krieger, issued an opinion and order remanding action, preventing—for now, at least—an expansive fracking plan in Western Colorado from going...more

Jones Day

Preliminary Injunction Issued Preventing Ban on New Federal Oil and Gas Leases

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As reported in the last edition of The Climate Report, Alabama, Alaska, Arkansas, Louisiana, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah, and West Virginia (collectively, "Plaintiff States") filed...more

Jones Day

Temporary Ban on New Federal Oil and Gas Leases Under Fire

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First Quarter of Biden Presidency Impactful for Energy Industry - On January 27, 2021, President Biden signed Executive Order 14008 ("E.O. 14008"), implementing a temporary pause on the auction of new oil and gas leases...more

Gray Reed

A Big Decision on Texas PSA and Allocation Wells? Not so Fast.

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In Opiela v. Railroad Commission of Texas and Magnolia Oil and Gas Operating, LLC, an Austin district court determined that the Commission’s Final Order granting a permit for a Production Sharing Agreement well in Karnes...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Bracewell LLP

Will Congress Rollback Trump Regulatory Actions to Advance the Biden Policy Agenda?

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Recent news that the Democrats flipped both U.S. Senate seats in Georgia’s run-off election means that the Democrats have enough votes to add the Congressional Review Act (CRA)[1] to the tools that could be used to advance...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Flint Failures, Missed Deadlines, Toad Work and a Game of Chicken

The last few weeks have yielded a number of interesting developments in the Federal courts. FEDERAL COURTS OF APPEAL - In re Flint Water Cases - Several local and State of Michigan officials, including the former governor,...more

Allen Matkins

California Environmental Law & Policy Update - August 2020 #2

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Federal court blocks Interior Department’s relaxation of migratory bird safeguards - U.S. News & World Report – August 12 - The U.S. District Court for the Southern District of New York this Tuesday struck down a U.S....more

King & Spalding

Climate Change Litigation on the Horizon with Trump Environmental Overhaul

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On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing regulations for the National Environmental Policy Act (“NEPA”). 85 Fed. Reg. 43,304...more

Allen Matkins

Are Industry Comments The Only Comments That Matter?

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Under the federal Administrative Procedure Act's informal rule making mandate, agencies must give interested persons an opportunity to participate in rule making through submission of written data, views, or arguments with or...more

Perkins Coie

Washington Supreme Court Invalidates Indirect Emitter Portions of the Clean Air Rule

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In a split decision issued on January 16, the Washington State Supreme Court ruled that the Department of Ecology (Ecology) lacks authority under the state’s Clean Air Act (the act) to cap greenhouse gas emissions from...more

Pillsbury - Gravel2Gavel Construction & Real...

Montana Federal Court Holds that an Interior Department’s Federal Advisory Committee Was Improperly Reestablished

On August 13, 2019, in a case that may have an impact on the leasing of federal lands for energy development in the future, the U.S. District Court for the Missoula, Montana Division, issued a ruling in the case of Western...more

Latham & Watkins LLP

Supreme Court Won’t Hear Challenge to Oregon’s LCFS Program

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High Court’s action clears pathway for low-carbon fuel standard programs. On May 13, 2019, the US Supreme Court denied certiorari in American Fuel & Petrochemical Manufacturers (AFPM), et al., v. O’Keeffe, et al...more

BCLP

Colorado’s New Oil and Gas Law: What’s Next?

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The 2019 Colorado legislative session took the state’s oil and gas-development opponents and proponents on a wild ride. On April 3, 2019, the Colorado Senate passed SB 19-181, which dramatically changes the regulation of oil...more

Holland & Hart LLP

Colorado's SB 181: What to Think About as the State Embarks on a Number of Significant New Oil and Gas Rulemakings

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Now that Colorado Gov. Jared Polis has signed the oil and gas bill, Senate Bill 19-181 (SB 181), into law, the focus shifts from the General Assembly to the two state agencies tasked with implementation. Both the Colorado Oil...more

Holland & Hart LLP

Federal Court Brings Back Obama-Era Royalty Rules

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Producers of oil, gas, and coal received welcome news in 2017, when the Office of Natural Resources Revenue (ONRR) repealed Obama-era regulations governing federal royalty valuation. That good news is now in jeopardy after...more

Pillsbury - Gravel2Gavel Construction & Real...

Alaska District Court Sets Aside Rulings Under New Administration’s EO 13795

On March 29, the U.S. District Court for the District of Alaska issued two separate rulings that reversed and set aside energy and environmental decisions made by the current administration, which had revoked decisions made...more

WilmerHale

Environmental Litigation Alert: Citizen Suits Challenge Rollbacks, Replacements and Project Approvals

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This is the eighth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Bureau of Land Management Waste Prevention Rule: Earthjustice Federal Appellate Court Petition

Earthjustice on behalf of various organizations filed an April 20th Motion for Stay Pending Appeal (“Motion”) addressing the Bureau of Land Management’s (“BLM”) Waste Prevention Rule (“Rule”). The Motion challenges a...more

Stoel Rives LLP

Trump’s BLM Cannot Delay Implementation of Oil and Gas Methane Rules after Effective Date

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On October 4, 2017, the United States District Court for the Northern District of California held that the Bureau of Land Management (“BLM”) cannot postpone implementation of natural gas methane emission rules because such...more

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