In this special Eyes on Washington mini-series, energy attorneys Elizabeth Craddock and Jim Noe provide insights on the potential trajectory of a second Trump Administration in relation to oil and gas policies. Ms. Craddock...more
In this insightful episode of our "Eyes on Washington" election mini-series, Holland & Knight Partners Elizabeth "Liz" Craddock and Jim Noe explore what a potential Harris Administration could mean for the oil and gas...more
For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more
9/3/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Consumer Financial Protection Bureau (CFPB) ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
FERC ,
Food and Drug Administration (FDA) ,
Government Agencies ,
HUD ,
IRS ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NTSB ,
OCC ,
Popular ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statute of Limitations ,
Statutory Interpretation ,
U.S. Treasury
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
8/30/2024
/ Administrative Agencies ,
Administrative Procedure ,
Administrative Procedure Act ,
BOEM ,
Endangered Species Act (ESA) ,
Fully Protected Species ,
Gulf of Mexico ,
Gulf Oil Spill ,
Incidental Take Permits ,
Maritime Transport ,
National Marine Fisheries Service ,
Offshore Drilling ,
Oil & Gas ,
Oil Spills ,
Outer Continental Shelf ,
Outer Continental Shelf Lands Act ,
Pending Litigation ,
Wildlife Protection
The U.S. Department of the Interior (Interior) released a final rule that will protect millions of acres of Alaskan wildness from the development of oil, gas and minerals. Interior's Bureau of Land Management (BLM), which...more
For a decade, the U.S. Department of the Interior has wrestled with financial assurance (or bonding) requirements for offshore oil and gas companies. Over the last 10 years, the Interior Department has released – and later...more
4/17/2024
/ BOEM ,
Bonds ,
Credit Ratings ,
Decommissioned Facilities ,
Department of the Interior ,
Final Rules ,
Leases ,
Offshore Drilling ,
Offshore Lease ,
Oil & Gas ,
Performance Bonds ,
Public Comment
The U.S. Army Corps of Engineers (ACE) on March 22, 2024, announced its plans for enhancing the protection of the country's wetlands following the U.S. Supreme Court's Sackett v. EPA decision. In Sackett, the Supreme Court...more
3/26/2024
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Inland Waterways ,
Loss Mitigation ,
Memorandum of Understanding ,
Navigable Waters ,
Rehabilitation and Restoration Plans ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The U.S. Department of Energy (DOE) and U.S. Environmental Protection Agency (EPA) signaled in mid-February 2024 that they plan to release a Funding Opportunity Announcement (FOA) to issue $1 billion through financial...more
2/27/2024
/ Competitive Bidding ,
Department of Energy (DOE) ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Federal Funding ,
Funding Opportunities ,
Greenhouse Gas Emissions ,
Methane ,
Natural Gas ,
Oil & Gas ,
Oil Wells
President Joe Biden on Jan. 26, 2024, announced a pause on pending decisions for permits to export liquified natural gas (LNG) to non-free trade agreement countries until the U.S. Department of Energy (DOE) can update the...more
1/30/2024
/ Administrative Review ,
Applications ,
Biden Administration ,
Department of Energy (DOE) ,
Energy Information Association (EIA) ,
Energy Policy ,
Environmental Policies ,
Exports ,
Liquid Natural Gas ,
National Security ,
Oil & Gas ,
Permits
After months of delay, the U.S. Department of the Interior auctioned off 1.7 million acres for offshore oil and gas leases during Lease Sale 261 on Dec. 20, 2023. (See Holland & Knight's previous alert, "Interior Department...more
The U.S. Environmental Protection Agency (EPA) announced its final rule on Dec. 2, 2023, to sharply reduce emissions of methane and other air pollution from oil and natural gas operations. The final action, which is more than...more
12/6/2023
/ Air Pollution ,
Compliance ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Methane ,
Natural Gas ,
New Source Performance Standards (NSPS) ,
Oil & Gas ,
Permits ,
Pollution Control ,
Recordkeeping Requirements ,
Regulatory Standards ,
Storage Tanks
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
11/16/2023
/ Administrative Procedure Act ,
Appeals ,
BOEM ,
Department of the Interior ,
Dismissals ,
Endangered Species ,
Endangered Species Act (ESA) ,
Inflation Reduction Act (IRA) ,
Offshore Drilling ,
Offshore Lease ,
Oil & Gas
The U.S. Department of the Interior on Sept. 29, 2023, announced its long-awaited Five-Year Offshore Leasing Plan as required by the Outer Continental Shelf Lands Act (the Plan)....more
The U.S. Department of the Interior, through its Bureau of Ocean Energy Management (BOEM), published a proposed rule on June 29, 2023, to significantly modify how the agency assesses the offshore oil and gas industry's...more
The U.S. Court of Appeals for the Fifth Circuit on April 5, 2023, dismissed the state of Louisiana's challenge to federal agencies use of the "social cost of greenhouse gases" in federal decision making.1 Several...more
The U.S. Environmental Protection Agency (EPA) on Nov. 11, 2022, announced at COP27 its plans to strengthen proposed standards to reduce methane emissions and other air pollutants. While the proposed regulation is complex and...more
The Inflation Reduction Act (the Act), which passed the U.S. Senate on Aug. 7, 2022, requires that previously announced offshore lease sales in the Gulf of Mexico and Alaska be held during the next two years....more
The U.S. Department of the Interior on July 1, 2022, released its long-awaited update on the next Outer Continental Shelf (OCS) five-year proposed offshore drilling program (Program), a day after the previous program expired....more
The U.S. Supreme Court issued a long-anticipated ruling on June 30, 2022, regarding the authority of the U.S. Environmental Protection Agency (EPA) and other federal agencies to regulate greenhouse gas emissions from power...more
7/1/2022
/ Administrative Authority ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Power Plants ,
Regulatory Agencies ,
Regulatory Oversight ,
SCOTUS
In Environmental Defense Center et al. v. BOEM et al (No. 19-55526), the U.S. Court of Appeals for the Ninth Circuit on June 3, 2022, invalidated the U.S. Department of Interior's issuance of dozens of permits for well...more
During her oral testimony on U.S. Department of the Interior Fiscal Year 2023 budget priorities before the U.S. Senate Committee on Energy and National Resources on May 19, 2022, Interior Secretary Deb Haaland announced that...more
The U.S. Department of the Interior (DOI) has announced the first onshore lease sale for drilling on federal lands since President Joe Biden took office, but the new leases will have different terms than all prior lease...more