News & Analysis as of

Truthiness and Truth Edition

Truthiness: A quality characterizing a “truth” that a person making an argument or assertion claims to know intuitively, “from the gut” or because it “feels right” without regard to evidence, logic, intellectual examination...more

Court Allows Pennsylvania Punitive Damages Claims in Petroleum Exposure Case

The judge in a petroleum exposure case will allow a jury to decide whether a gas station operator and its environmental consultant recklessly failed to inform a plumber of the risks of working in an excavated pit with a...more

EIB Energy Highlights: SCOTUS on FERC, Nat Gas Record Year, Oil & Gas Exports, Winter Outlook, Cybersecurity & More

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Energy & Environment Update - November 2015

Energy and Climate Debate - In his final major effort prior to retiring last week, Speaker of the House John Boehner (R-OH) reached a bipartisan agreement, the Bipartisan Budget Act of 2015, with other House and Senate...more

PHMSA Proposes to Expand the Requirements for Pipelines Carrying Hazardous Liquids

The rules would add gathering lines and pipelines in non-HCA areas. On October 13, the US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Proposed Rule that would...more

Federal Energy Legislative Update

There has been recent action in Congress on issues important to the oil and gas industry. This post provides an overview of the major energy-related bills in Congress. H.R. 538, the Native American Energy Act – On...more

EPA Issues New Residual Risk and Technology Rule for Petroleum Refineries

On September 29, 2015, the U.S. Environmental Protection Agency (“EPA” or the “Agency”) promulgated its final Petroleum Refinery Sector Risk and Technology Review (“RTR”) and New Source Performance Standards (“NSPS”) rule...more

EPA Issues Draft GHG Analysis For Production and Transport of Jatropha Oil

On October 13, 2015, the U.S. Environmental Protection Agency (EPA) issued a notice inviting comments on its analysis of the greenhouse gas (GHG) emissions attributable to the production and transport of jatropha curcas...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

BP has settled its Clean Water Act penalty claims, but important questions remain to be decided

The United States and BP lodged their proposed settlement of the remaining claims by the US in connection with the Deepwater Horizon explosion and spill with the US District Court today. Comments to the Justice Department are...more

DEC Explains New Enforcement Initiative to the New York Oil and Gas Industry

On September 30, 2015, the New York State Department of Environmental Conservation (DEC) held a public information session regarding DEC enforcement of regulations relating to Petroleum Bulk Storage (PBS), petroleum spills...more

Federal Judge Grants Preliminary Injunction Blocking Enforcement of New BLM Hydraulic Fracturing Rules

On September 30, 2015, the U.S. District Court for the District of Wyoming granted a motion for a preliminary injunction preventing enforcement of the U.S. Bureau of Land Management’s (BLM) recently issued hydraulic...more

Senate Bill 350 Calls for Higher Renewables Portfolio Standard, Higher Energy Efficiency Targets, an Expanded System Operator, but...

As most of you know by now, Senate Bill (“SB”) 350, the much-chronicled and debated Clean Energy and Pollution Reduction Act of 2015, passed out of the California Legislature and is currently awaiting signature by Governor...more

Where You Operate Matters: the Fifth Circuit Widens the Split on MBTA Liability

Last week the Fifth Circuit issued a ruling that reduces uncertainty regarding criminal liability for taking migratory birds. In particular, the ruling alleviates potential liability for facilities where interactions with...more

California Environmental Law & Policy Update - September 2015 #2

Environmental and Policy Focus - Gov. Brown and Democratic legislators drop plan for 50 percent cut in petroleum use in state: New York Times - Sep 9 - Gov. Jerry Brown and Senate Democrats abandoned a proposal for a 50...more

DOE Offers $1 Billion in Federal Loan Guarantees for Distributed Energy Projects, Provides Guidance

The U.S. Department of Energy (DOE) recently announced that it will make $1 billion available for distributed energy project loan guarantees. DOE issued supplements to the existing loan guarantee solicitations for Advanced...more

California Environmental Law & Policy Update - August 2015 #4

Environmental and Policy Focus - Federal judge in South Dakota issues eleventh-hour order blocking implementation of EPA/COE’s new definition of 'waters of the United States': The Hill - Aug 27: A federal judge in North...more

Washington Healthcare Update

This Week: CMS Releases Guidance on Fast Track Process for 1115 Waivers for Medicaid and CHIP... CEO Sends Letter to State Insurance Commissioners Concerning 2016 Premium Decisions... Medicare Board of Trustees...more

HCS: OSHA Issues Inspection Procedures for Hazard Communication Standard (HCS 2012)

On July 20, 2015, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued OSHA Directive Number CPL 02-02-079. The Directive is intended to establish "policies and procedures to ensure...more

Major Expansion of EPA Rules for Underground Storage Tanks

On July 15, 2015, the United States Environmental Protection Agency (EPA) published a final rule significantly expanding its program for underground storage tank (UST) systems that store petroleum or hazardous substances....more

BP’s 2015 New York Law GTCs for Crude Oil and Products Trading: Key Changes

BP Global Oil Americas (BP) recently published the 2015 edition of its General Terms & Conditions for Purchases and Sales of Crude Oil, Refined Petroleum and Related Products (GTCs), which are governed by New York law. The...more

Iranian Nuclear Accord Reached, But Specific Implementation of Meaningful Sanctions Relief Will Not Be Immediate

On July 14, 2015, the “P5+1” nations (the United States, China, France, Germany, Russia, and the United Kingdom), together with the European Union and the Islamic Republic of Iran (“Iran”), reached a Joint Comprehensive Plan...more

Joint Agency Symposium Discusses Role of Electricity Sector in California’s 2030 GHG Reduction Goals

Last week, several state agencies and the California Independent System Operator held a symposium on ways to reduce greenhouse gas (GHG) emissions from electricity generation while maintaining an affordable and reliable...more

Significant Tax Provisions in the 2016-2017 Ohio Budget Bill Affecting Businesses

On June 30, 2015, Ohio Governor John Kasich signed into law the biennial budget bill, Amended Substitute House Bill No. 64 (“HB 64”). The legislation underwent substantial changes during the legislative process such that the...more

ANP Announces the 13th Bidding Round for Exploration of Oil and Gas in Brazil

The Brazilian National Council of Energy Policy (CNPE) recently authorized the 13th Bidding Round for Brazilian oil and gas resources. The Round includes 266 exploratory blocks, both onshore and offshore, and are distributed...more

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