The Ninth Circuit recently rejected “a novel litigation strategy” under the Declaratory Judgment Act (DJA). Shell Gulf of Mex. v. Ctr. for Biological Div., 13-35835 (9th Cir. Nov. 12, 2014) (Slip Op.). According to the Ninth...more
Following a ruling by the D.C. Circuit, EPA may no longer consider interrelatedness in determining adjacency when making source determination decisions in its Title V or New Source Review permitting decisions under the Clean...more
In response to recent derailments of trains transporting crude, the Department of Transportation issued an emergency order pursuant to its regulatory authority over the transportation of hazardous materials. The order applies...more
In addition to reviewing the BLM’s oil and gas permitting workload, the GAO report analyzed actions BLM took to mitigate the environmental impacts of federal oil and gas development. Based on its review, the GAO recommends...more
The Government Accountability Office (“GAO”) conducted a review of certain aspects of the Bureau of Land Management’s (“BLM”) management of federal oil and gas resources. Following this review, the GAO produced a report of...more
Lawmakers are heavily divided when it comes to the regulation of hydraulic fracturing. Currently, there are twelve bills in Congress that address the regulation of oil and natural gas operations (four in the Senate and eight...more