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Clean Water Act Oil & Gas

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -

Meaning of “In Connection With” and “Pursuant To” Under Oil Pollution Act A Question of First Impression in Fifth Circuit

On November 7, in U.S. v. American Commercial Lines, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed the District Court’s ruling that American Commercial Lines (ACL), the owner of a tug boat whose contracted...more

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

by Perkins Coie on

The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

When Does the Race Start? New York Department of Environmental Conservation Requests Rehearing of Federal Energy Regulatory...

by Beveridge & Diamond PC on

Following the Federal Energy Regulatory Commission (FERC)’s Declaratory Order that the New York State Department of Environmental Conservation (DEC) failed to timely act on an application for a Water Quality Certification...more

Currents - Energy Industry Insights - October 2017 #3

Department of Interior Rescinds OSM Enforcement Policies - On October 12, 2017, the Department of the Interior ("DOI") withdrew two prior Office of Surface Mining ("OSM") policies affecting mining operations. DOI rescinded...more

Clean Water Act Challenges to Pipeline Development: Recent Litigation and Key Issues

by Latham & Watkins LLP on

Pipelines delayed as certain states and environmental groups pursue CWA and NEPA challenges to FERC Natural Gas Act Authorizations. Key Points: - FERC extends Millennium’s Valley Lateral Pipeline Project construction...more

Court Holds OCSLA Regulations Do Not Apply to Offshore Contractors, Subcontractors or Service Providers in Criminal Enforcement...

On September 27, the U.S. Court of Appeals for the Fifth Circuit issued its long-awaited opinion in the case of U.S. v. Moss, et al. The Fifth Circuit affirmed the District Court’s ruling that the Outer Continental Shelf...more

Federal Energy Regulatory Commission Holds that a State Agency Waived its Authority to Issue a Water Quality Certification by...

by King & Spalding on

On September 15, 2017, the Federal Energy Regulatory Commission (FERC) issued an order holding that the New York State Department of Environmental Conservation (NYSDEC) waived its authority under the Clean Water Act (CWA) by...more

NYDEC Waived Right to Act on a CWA 401 Water Qualification

The Federal Energy Regulatory Commission’s (FERC) decision in the matter of Millennium Pipeline Company, LLC was issued on September 15, 2017. FERC determined that the New York State Department of Environmental Conservation...more

Currents - Energy Industry Insights - September 2017#2

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Hurricane Harvey Client Alert: Addressing Environmental Releases and Obligations

by Morgan Lewis on

As the cleanup begins, companies face challenges in meeting existing environmental obligations and addressing the environmental impacts of the storm....more

Currents - Energy Industry Insights - August 2017

Welcome to Spilman Thomas & Battle's weekly energy news e-blast - Currents. The purpose of this communication is to provide a synopsis of the top news stories for the week, but with a twist. We recognize that you may already...more

Second Circuit Upholds Denial of CWA Certification Where Applicant Failed to Submit Requested Information

The U.S. Court of Appeals for the Second Circuit, in the case of Constitution Pipeline Company, LLC v. New York Department of Environmental Conservation, et al. (released August 18, 2017), rejected the Constitution Pipeline...more

FERC Conditional Approval of Natural Gas Pipeline Consistent with Clean Water Act Sequencing Requirements

by Moore & Van Allen PLLC on

In the midst of the U.S. energy boom, the expansion and modernization of the nation’s energy infrastructure has been a priority. The ramp up in shale natural gas production has spurred investments in pipeline projects,...more

Fifth Circuit Tosses Coastal Damage Tort Lawsuit Against Oil and Gas Companies

by Beveridge & Diamond PC on

Illustrating the challenges in using Louisiana tort suits to address large-scale environmental issues, the U.S. Court of Appeals for the Fifth Circuit dismissed claims seeking relief for alleged coastal damage from oil and...more

How the President’s Executive Order Will Affect U.S. Oil, Natural Gas and Coal Industries

by Perkins Coie on

President Donald Trump’s recently signed Executive Order on Promoting Energy Independence and Economic Growth (the Order) includes significant revisions to the regulatory landscape both (1) directly in the case of oil and...more

Fifth Circuit: Some Degree of Propinquity Is Required To Maintain Claims

In Board of Commissioners of the Southeast Louisiana Flood Protection Authority – East, et al., v. Tennessee Gas Pipeline Company, L.L.C., et al., the U.S. Court of Appeals for the Fifth Circuit issued a unanimous ruling...more

US Fifth Circuit Affirms Dismissal of Levee Board’s Lawsuit Against 97 Oil and Gas Companies

by Liskow & Lewis on

On March 3, 2017, the United States Court of Appeals for the Fifth Circuit affirmed the Eastern District’s exercise of jurisdiction and dismissal on the merits of a headline-grabbing environmental law tort suit against 97 oil...more

Fifth Circuit Affirms Dismissal of Coastal Erosion Lawsuit Against Oil and Gas Defendants

by Baker Donelson on

On March 3, 2017, the United States Fifth Circuit Court of Appeals affirmed the district court’s ruling dismissing a lawsuit filed by the Southeastern Louisiana Flood Protection Authority against dozens of defendants in the...more

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Finds “Threatened” Designation For Bearded Seals Proper Based On New Long-Term Projections - Alaska Oil and Gas Ass’n et al. v. Pritzker et al., 840 F.3d 671, 2016 U.S. App. LEXIS 19084 (9th Cir. 2016)....more

U.S. Senate Confirms Scott Pruitt as EPA Chief, Signaling Conservative Re-Imagining of EPA’s Role in Society and Government

by Snell & Wilmer on

On February 17, 2017, the U.S. Senate confirmed President Trump’s nominee Scott Pruitt as the new administrator of the U.S. Environmental Protection Agency. Senate confirmation followed weeks of partisan and public attacks...more

Summary of FERC Meeting Agenda for January 19, 2017

by White & Case LLP on

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 19, 2017 meeting, pursuant to the agenda as issued on January 12, 2017. Agenda items E-3, E-4, E-5, E-6, C-1, and C-2 have...more

California Environmental Law & Policy Update - January 2017 #2

by Allen Matkins on

Environmental and Policy Focus - U.S. Supreme Court to hear Clean Water Act jurisdictional dispute - Reuters - Jan 13 - The U.S. Supreme Court today agreed to resolve a dispute over which court should...more

Dakota Access Pipeline: Down but Not Out

by McGuireWoods LLP on

On Dec. 4, 2016, the U.S. Army Corps of Engineers announced that it will not decide on Dakota Access LLC’s easement application until the Corps prepares an environmental impact statement. The decision is significant in that...more

Third Circuit Rejects Challenges to State Environmental Permits for Transco’s Pipeline Expansion Project

On August 8, the U.S. Court of Appeals for the Third Circuit released an opinion rejecting several challenges to environmental permits and authorizations granted by environmental regulatory agencies in New Jersey and...more

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