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
On Friday, August 31, 2018, the U.S. Court of Appeals for the District of Columbia unexpectedly granted a request to issue its mandate expeditiously following its decision regarding the U.S. Environmental Protection Agency’s...more
On August 17, 2018, the U.S. Court of Appeals for the District of Columbia vacated an Environmental Protection Agency (“EPA”)rule delaying the effective date of the Obama administration’s final rule updating EPA’s Risk...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
On June 20, 2018, the Council on Environmental Quality (“CEQ”) announced that it is considering updates to its implementing regulations under the National Environmental Policy Act (“NEPA”). CEQ is responsible for issuing...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
Announcing an unexpected policy shift, the Federal Energy Regulatory Commission (FERC) issued an Order on May 18, 2018, limiting its analysis of upstream and downstream greenhouse gas (GHG) emissions in its environmental...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...more
5/14/2018
/ Clean Water Act ,
Energy Sector ,
Greenhouse Gas Emissions ,
Groundwater ,
Infrastructure ,
Insurance Industry ,
Liens ,
Mexico ,
Oil & Gas ,
Oil Wells ,
Private Funds
Much is being made of the U.S. Environmental Protection Agency’s announcement last month that it will consider anew the greenhouse gas standards for vehicle model years 2022 to 2025. This announcement, while generating...more
FERC Initiates Sweeping Reform of Ratemaking Treatment for Income Taxes -
On March 15, 2018, the Federal Energy Regulatory Commission (FERC) released a series of issuances intended to address the need to reflect the lower...more
4/18/2018
/ Aluminum Sales ,
Arbitration Agreements ,
Bilateral Investment Treaties ,
Clean Air Act ,
Environmental Protection Agency (EPA) ,
EU ,
FERC ,
Income Taxes ,
Infrastructure ,
Member State ,
NAFTA ,
Section 232 ,
Steel Industry ,
Tariffs ,
Tax Reform ,
Trump Administration
There are recent, noteworthy developments affecting the U.S. Environmental Protection Agency’s (“EPA”) accidental release program. On March 16, EPA defended its decision to delay implementation of an Obama-era rule updating...more
Gas Market Reform in Asia: an Update on the Implementation of Third Party Access to LNG Import Terminals -
The rise of natural gas and LNG in Asia continues apace, fuelled by a convergence of plentiful global LNG supply,...more
1/16/2018
/ Asia ,
CERCLA ,
China ,
Environmental Protection Agency (EPA) ,
Liquid Natural Gas ,
Mining ,
National Action Plan ,
Oil & Gas ,
OSHA ,
Petrochemicals ,
Silica
On December 1, 2017, the United States Environmental Protection Agency (“EPA”) signed a final rule informing the public of its decision not to issue financial responsibility regulations applicable to hardrock mining...more
Environmental Citizen Suits—A Growing Trend Under the Trump Administration -
In his first year in office, President Trump has begun to deliver on his campaign promise of rolling back environmental regulations—from the...more
12/14/2017
/ American Institute of Architects ,
Architects ,
Citizen Suits ,
Climate Change ,
Construction Contracts ,
Construction Industry ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Human Rights ,
Keystone XL Pipeline ,
Oil & Gas ,
Trump Administration
In his first year in office, President Trump has begun to deliver on his campaign promise of rolling back environmental regulations—from the waters of the United States rulemaking to the Clean Power Plan. He has also proposed...more
On August 21, 2017, the U.S. Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) published a joint notice in the Federal Register requesting public comment on EPA’s...more
Managing Decommissioning Risks in Asian M&A Transactions -
By the end of 2026, approximately 134 producing Concessions and Production Sharing Contracts (each, a “PSC”) will have expired in South Asia. It is expected that 900...more
9/15/2017
/ Acquisitions ,
Asia ,
Cross-Border ,
Electricity ,
Force Majeure Clause ,
Greenhouse Gas Emissions ,
Hackers ,
IRS ,
Liquid Natural Gas ,
Mergers ,
Oil & Gas ,
Renewable Energy ,
Supply Chain ,
Take-or-Pay Contracts ,
Tax Reform
On August 21, 2017, the U.S. Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) published a joint notice in the Federal Register requesting public comment on EPA’s...more
LNG in Europe 2016/2017: An Overview of LNG Import Terminals in Europe -
The increase in the supply of LNG to Europe in 2015 and the first half of 2016 was led by the UK and Italy, with other significant increases in...more
1/20/2017
/ Centers for Medicare & Medicaid Services (CMS) ,
Cybersecurity ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
EU ,
Incident Response Plans ,
Liability Insurance ,
Limitation of Liability Clause ,
Liquid Natural Gas ,
Maritime Transport ,
Mining ,
Natural Gas ,
Oil & Gas ,
PHMSA
On December 1, 2016, EPA signed a proposed rule setting forth financial responsibility requirements for the hardrock mining industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and...more