Does the National Environmental Policy Act require an agency to consider environmental impacts beyond the proximate effects of actions within the agency's jurisdiction? That's the question that the U.S. Supreme Court has...more
They are on the front lines of daily logistics—the unsung heroes behind the scenes in the energy supply chain who get in early, stay late and typically work odd hours scheduling and coordinating daily and monthly product...more
Over the past few years, we’ve faced and weathered tough crises—from COVID to war to inflation—each one disrupting some aspect of the supply chain. Earlier this month there was another shock to the system which thankfully...more
While increasingly stringent flaring regulations are an inevitability for oil and gas producers, there are innovative paths companies can take to be compliant....more
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) announced on May 11th, its determination that the Federal Hazardous Materials Transportation Act (“HMTA”) preempts the State of Washington’s...more
According to a recent filing,1 the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) is considering recommendations to increase the outer tank shell for the DOT-113 tank car in...more
On October 24, 2019, The U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register following its earlier...more
On September 27, 2019, the Canada Energy Regulator (CER), formerly the National Energy Board (NEB), ordered Enbridge to terminate the open season process that had begun on August 2, 2019. The order terminates a controversial...more
This Breakthrough Lithium Extraction Technology Could Accelerate the Sustainable Energy Transition - "A breakthrough nanotechnology from cleantech start-up EnergyX promises to revolutionise the speed, cost and...more
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a July 24th Public Notice and Invitation to Comment (“Notice”) addressing the states of North Dakota and Montana’s (“States”) request...more
On January 23, 2019, the National Agency for industrial Safety and Environmental Protection of the Hydrocarbons Sector ("ASEA") published the "General Administrative Provisions on the Guidelines for the Design, Construction,...more
Canadian crude oil exports by rail keep reaching all-time highs. Over 229,500 bbl per day were transported in August 2018, according to the National Energy Board. This was the fifth month in a row a new record has been set...more
In a decision that had become all but inevitable, the U.S. Department of Transportation (DOT), on December 4, 2017 rescinded its rule that would have required railroads carrying highly hazardous flammable materials, such as...more
Behind the pomp and circumstance of Friday’s inauguration, President Donald J. Trump and his administration set their sights on deploying a new guard of regulatory and economic policies focused on reducing burdensome...more
Since 2012, the major opponent of new large-scale liquefied natural gas (LNG) export projects has been the Sierra Club. The Sierra Club has adopted a two-pronged approach in its opposition to LNG exports projects, opposing...more
The Pipeline and Hazardous Material Safety Administration (PHMSA) recently issued a proposed rule that aims to expand oil spill response plan (OSRP) requirements for railroads transporting oil. Stakeholders have already...more
The largest proposed crude-by-rail (CBR) transloading facility on the West Coast recently survived a major hurdle to its ultimate construction and operation—a lease extension. But with the proposed project enduring nearly...more
This article is the second in a three-part series that began with “Off the Tracks: A Data-Driven Analysis of Crude-by-Rail Liability Factors, Exposure, and Potential Solutions,” which was published on December 19, 2015. ...more
Proposed crude-by-rail (CBR) projects in California increasingly face opposition lawsuits designed to stall and derail the terminals. The suits often focus on alleged noncompliance with the California Environmental Quality...more
Despite challenging oil prices and a decrease in the volume of crude oil traveling by rail, recent events have renewed the spotlight on crude-by-rail (CBR) transportation. First, two trains derailed in Wisconsin last weekend...more
Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more
The Federal Railroad Administration ("FRA") has issued new train securement rules for trains left unattended on a mainline, siding, or rail yard carrying 20 or more crude or ethanol cars or trains carrying poison by...more
EPA Denies Petition To Ban Triclosan: On May 13, 2015, the U.S. Environmental Protection Agency (EPA) denied a petition submitted in January 2010 by Food & Water Watch and Beyond Pesticides seeking to ban triclosan, an...more
On May 1, 2015, the U.S. Department of Transportation, acting through the Pipeline and Hazardous Materials Safety Administration, issued a much-anticipated final rule on the enhanced tank car standards and operational...more
Today, May 8, 2015, the Pipeline and Hazardous Materials Safety Administration published a final rule for rail transport of crude oil in the Federal Register. These rules come after several high-profile oil train derailments,...more