Legal Minute: Cybersecurity Reporting Requirements for Government Contractors
Over the past several months we’ve seen a rise in mergers and acquisitions among midstream energy firms. A variety of factors will likely push more firms to consider M&A, but one factor stands out: new regulations surrounding...more
Amendments to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) are frequently proposed but just as frequently die on the order paper. Bill S-4, which proposed the most significant amendments to...more
In Bituminous Casualty Corporation v. Plano Molding Company, 2015 IL App (2d) 140292, the Illinois Appellate Court tackled one of the most misunderstood issues in the commercial general liability policy: does an obligation to...more
Robust drilling and production activity in the Eagle Ford, Permian Basin, Granite Wash, and other oil-producing areas of Texas has unleashed high demand for frac water and a surge of produced water as wells come online. A...more
On June 9, 2015, the Federal Railroad Administration ("FRA") issued Safety Advisory 2015-03 requiring passenger railroads to make operational and signal modifications to ensure compliance with speed restrictions. The FRA is...more
The Rail Safety Improvement Act of 2008 was passed by Congress after 25 people died in a train crash in California due to the train engineer texting and missing the signal to not proceed on the track because a freight train...more
On 12 May 2015, the Cabinet of Ministers of Ukraine adopted Resolution No. 271 “On Conducting a Transparent and Competitive Privatization in 2015” (the “Resolution”), which approved the list of more than 300 State-owned...more
As part of a 19-month initiative to improve the safety of hazardous rail traffic, on Friday, May 8, 2015, the U.S. Department of Transportation (“DOT”) published new regulations and standards for the bulk transport of Class 3...more
Lipsky was not Range’s lessor, therefor I know nothing about the case. Surely, this person lives in my house, where I enjoy a long history of knowing nothing about anything. (Memo to self: check progress on subpoena for kids’...more
Today, May 8, 2015, the Pipeline and Hazardous Materials Safety Administration published a final rule for rail transport of crude oil in the Federal Register. These rules come after several high-profile oil train derailments,...more
On Friday, May 1, the U.S. Department of Transportation (“DOT”) issued a final rule establishing new requirements for transporting flammable liquids in a continuous block of 20 or more tank cars or 35 or more tank cars loaded...more
In my former days defending agency actions in federal court, I had a standard line I used with frequent success when rules were attacked by all sides: “Your Honor, we’ve been sued here by both industry and environmental...more
In the last several months, the Surface Transportation Board (STB or Board) has issued a number of decisions further defining the scope of federal preemption. As the primary agency tasked with the economic regulation of the...more
In BNSF Railway Company v. Superior Court (2015) 185 Cal.Rptr.3d 391, the California Court of Appeal, Second District, reversed a trial court order denying BNSF Railway Company’s motion to quash service of summons for lack of...more
The transportation of crude oil by rail continues to be a key issue for rail and energy industry stakeholders as well as policy makers. Below is a summary of recent developments.
1. DOT Takes Six Crude-by-Rail Safety...more
On May 1, 2015, U.S. Transportation Secretary Anthony Foxx announced the Department of Transportation’s (DOT) long awaited (and already highly controversial) final rule strengthening standards for trains carrying flammable...more
Transportation Department acts on safety issues regarding crude and ethanol shipped by rail.
The US Department of Transportation on April 17 issued regulatory changes it believes will address “some of the issues...more
On February 27, 2015, the Federal Railroad Administration ("FRA") published its proposed rule on Risk Reduction Programs in the Federal Register. The proposed rule would require Class I railroads and railroads with an...more
On Friday, April 24, the Railroad Commission of Texas (RRC) ordered hearings regarding two waste injection well permits. The hearings are to address an alleged connection between the injection wells and seismic activity in...more
According to the most recent estimates, the quantity of goods carried by containers has risen from around 100 million metric tons in 1980 to about 1.5 billion metric tons in 2012. Out of these numbers, one container in every...more
The Texas legislature has been busy on energy.
House Bill 40, similar to House Bills 539 and 540, steamrolled through the House of Representatives last week by a vote of 122 to 18. Reminds us of A L pitchers not...more
In BNSF Railway Company v. Superior Court (Kralovetz) (Filed 3/27/2015, No. B260798), the California Court of Appeal, Second District, held a Delaware railroad corporation, with its principal place of business in Texas, was...more
California courts may exercise personal jurisdiction over nonresidents “on any basis not inconsistent with the Constitution of this state or of the United States”. Code Civ. Proc. § 410.10. Seventy years ago, Chief Justice...more
Friday marked the first committee deadline and thus a flurry of activity at the Capitol to act favorably on bills in their respective policy committees.
When Governor Mark Dayton’s supplemental budget...more
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