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Energy Newsletter - November 2019

The IMO and the Price of Gas or The Impact of the International Maritime Organisation’s Sulphur 2020 Limit for Marine Fuel Oil on the Price of Gas - The main bunker fuel for ships is High Sulphur Fuel Oil (HSFO, with...more

EPA Repeals WOTUS Rule

On Tuesday, October 22, 2019, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published a final rule repealing the Obama Administration’s 2015 “WOTUS” rule, which set new and more expansive...more

Supreme Court and EPA to Address Broad Expansion of Clean Water Act Liability by Lower Courts

The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more

Energy Newsletter - January 2019

Clean Water Agencies Propose to Redefine and Limit “Waters of the United States” - The United States EPA and the United States Army Corps of Engineers are proposing to redefine—and significantly limit—the scope of “Waters...more

Clean Water Agencies Propose to Redefine and Limit “Waters of the United States”

The United States EPA and the United States Army Corps of Engineers are proposing to redefine—and significantly limit—the scope of “Waters of the United States” (“WOTUS”) that are subject to federal jurisdiction under the...more

Energy Newsletter - September 2018

A Texas Federal Judge Turns Up the Heat on Oil Companies Facing Climate Change-Related Securities Class Actions - On August 14, 2018, the United States District Court for the Northern District of Texas issued a...more

WOTUS Rule Now Applies in 26 States After Court Enjoins Suspension Rule

Injecting yet more confusion into the ongoing saga of the Waters of the United States (“WOTUS”) Rule, on August 16, 2018, the United States District Court for the District of South Carolina enjoined the WOTUS “Suspension...more

Clean Water Act Agencies Solicit Comments to Support Repeal of WOTUS Rule

On July 12, 2018, the United States Environmental Protection Agency (“USEPA”) and the United States Army Corps of Engineers (“USACE”) published a “Supplemental Notice of Proposed Rulemaking” soliciting additional comments on...more

Courts Hold Clean Water Act Regulates Discharges through Groundwater, as Congress and Regulators Consider Responses

The Ninth Circuit and Fourth Circuit have joined a growing number of lower courts finding that the Clean Water Act (“CWA” or the “Act”) regulates discharges to groundwater that serves as a conduit between a point source and...more

The Supreme Court Clarifies Court Jurisdiction in Challenges to Clean Water Act Rules; Muddies the Water for WOTUS

The Supreme Court unanimously ruled that challenges to the Waters of the United States (“WOTUS”) Rule, which defines the jurisdictional reach of the Clean Water Act, must be resolved in federal district courts and not the...more

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