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Motor fuel facilities owned and operated by Arkansas petroleum marketers supply a significant portion of the products sold in the State of Arkansas. However, Arkansas motor fuel jobbers, marketers, and other suppliers...more
The United States Environmental Protection Agency (“EPA”) announced a Supplemental Notice of Proposed Rulemaking to update, strengthen, and expand the standards proposed on November 15, 2021, which require reduced emissions...more
The Situation: The Federal Energy Regulatory Commission ("FERC") issued a proposed policy statement that may signal a significant change to FERC's policy on waivers related to remedial relief. The Impact: While it is...more
- Industry analysts are forecasting that the surplus of oil produced over oil needed may soon exceed available storage. Producers that were already reducing production due to low prices are now feeling pressure to completely...more
The Agency of Transportation has submitted a proposal to the House Transportation Committee that would allow the agency to seek damages from a utility that fails to move or adjust a utility line that is in a state or local...more
With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to...more
In March 2016, we predicted that the Aboveground Storage Tank Act (“AST Act”) and changes to the Natural Gas Horizontal Well Control Act (“Horizontal Well Act”) legislative rules would be approved by the West Virginia...more
In a recent case involving the layoff of employees assigned to land drilling rigs, the U.S. District Court for the Northern District of Texas limited the ability of plaintiffs to claim that multiple rigs collectively form a...more
On July 30, 2015, two weeks after the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC) issued a staff notice of alleged violations (“Notice”) to Columbia Gas Transmission LLC (“Columbia Gas”) for...more
The California Department of Conservation, Division of Oil, Gas and Geothermal Resources recently issued a “final” set of rules for regulating hydraulic fracturing in California that replace the interim rules that have been...more
Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”: Why it matters - A federal district court in Texas strictly construed a pollution exclusion in...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
A provision in a contract, no matter how unequivocal, does not always trump the law....more
It is that time of year again. If your company has certain chemicals in quantities that trigger reporting requirements under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA), your annual Tier II...more
In the past few weeks, two states in key shale regions joined the chorus of states that have updated their oil and gas rules to address the unique issues posed by high volume hydraulic fracturing operations....more