U.S. Army Corps of Engineers Enjoined from Using NWP 12 to Authorize “Utility Line Activities” in Jurisdictional Waters -
On April 15, 2020, a federal district court in Montana invalidated the United States Army Corps of...more
U.S. Government’s Continued Focus on Large Ship Air Emissions -
The U.S. Environmental Protection Agency (“EPA”) and the U.S. Coast Guard (“USCG”) continue to signal interest in addressing air pollution from large ships...more
2/14/2020
/ Air Pollution ,
Air Quality Standards ,
Carbon Emissions ,
Energy Sector ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Midstream Contracts ,
NEPA ,
Oil & Gas ,
Tax Credits ,
Transportation Industry ,
Vessels
Agency consideration of climate change curtailed in update to decades-old policy -
On January 9, 2020, President Trump’s Council on Environmental Quality (“CEQ”) proposed to “update” the nearly forty-year-old regulations...more
1/16/2020
/ CEQ ,
Climate Change ,
Comment Period ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Environmental Review ,
Greenhouse Gas Emissions ,
NEPA ,
Public Comment ,
Regulatory Reform ,
Rulemaking Process
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
11/20/2019
/ Customs ,
Energy Sector ,
Energy Storage ,
Environmental Protection Agency (EPA) ,
FERC ,
Fuel Supply ,
Gas Prices ,
Liquid Natural Gas ,
Maritime Transport ,
Market Based Approach ,
Natural Gas ,
Offshore Drilling ,
Oil & Gas ,
Shipping ,
Utilities Sector ,
Utility Rates ,
Waters of the United States
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
Whether a discharge to groundwater that results in pollution of jurisdictional surface waters is regulated under the Clean Water Act (the “CWA”) is the subject of much debate, conflicting decisions from the Circuit Courts of...more
Texas Supreme Court Finds Anadarko is Entitled to Over $100 Million in Deepwater Horizon Defense Costs Based on Undefined Term in Insurance Policy -
Insurance coverage litigation arising out of the 2010 Deepwater Horizon...more
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
2/22/2019
/ Certiorari ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Navigable Waters ,
NPDES ,
Point Sources ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
SCOTUS ,
Waters of the United States ,
Wetlands
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
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
Prospects for a major infrastructure bill are uncertain, but several initiatives at the United States Army Corps of Engineers should facilitate some projects in the energy sector—including ports, terminals, and navigation...more
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
9/17/2018
/ Abu Dhabi Global Markets (ADGM) ,
Climate Change ,
Environmental Protection Agency (EPA) ,
EU ,
Exxon Mobil ,
Fuel Standards ,
Hydropower ,
Oil & Gas ,
Renewable Energy ,
Russia ,
Shareholders ,
Waste Management ,
Waters of the United States ,
Wind Power
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
On July 25, 2018, the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the National Oceanic and Atmospheric Administration (the “Services”) published three proposed rules to reform...more
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
The New Midstream Transactions -
A recent trend in the upstream and midstream oil and gas industry is for midstream services providers to offer certain forms of additional compensation to oil and gas lessees / operators...more
Lessons for Sellers in Contracting with Emerging Market Buyers: The “Three R’s” to Structuring Payment Security Provisions -
The recent rebound in the international energy industry is being driven, at least in part, by a...more
6/18/2018
/ BSEE ,
Cloud Computing ,
Energy Policy ,
Energy Sector ,
Exports ,
FERC ,
Joint Comprehensive Plan of Action (JCPOA) ,
Migratory Bird Treaty Act (MBTA) ,
Natural Gas ,
Oil & Gas ,
Pipelines ,
Proposed Rules ,
Trump Administration ,
Well Drilling
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...more
5/14/2018
/ Clean Water Act ,
Energy Sector ,
Greenhouse Gas Emissions ,
Groundwater ,
Infrastructure ,
Insurance Industry ,
Liens ,
Mexico ,
Oil & Gas ,
Oil Wells ,
Private Funds
The U.S. Fish and Wildlife Service (“FWS”) recently released two guidance documents that have the potential to streamline project development requirements related to endangered species and migratory birds:
• First, FWS...more
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
A recent 2-1 decision from the Fourth Circuit has expanded potential liability under the Clean Water Act (“CWA” or the “Act”):
— The Fourth Circuit became the second appellate court in as many months to adopt the “conduit”...more
Two years is the goal for completion of NEPA review -
On April 9, 2018, the White House released a Memorandum of Understanding (“MOU”) between twelve federal agencies that is intended to increase the speed and reliability...more
Good news at last for the development of offshore wind projects in France -
While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more
3/14/2018
/ Arbitration ,
Canada ,
Clean Water Act ,
Construction Industry ,
Duty of Care ,
Energy Sector ,
Energy Storage ,
Environmental Protection Agency (EPA) ,
FERC ,
France ,
Groundwater ,
Offshore Wind ,
Pipelines ,
Subsidiaries ,
UK ,
Wind Power
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