On February 28, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA), “in consultation with the Federal Railroad Administration and pursuant to the Fixing America’s Surface...more
EPA declines to write new rule for toxic spills - The Environmental Protection Agency (EPA) has formally announced that new regulation is not needed to limit spills of toxic waste into waterways. ...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
Important energy issues continue to arise at the intersection of law and policy in California. Here are eight hot topics that require the attention of entities with interests in California's energy sector....more
Crude oil prices are now approaching what pundits believe is likely to be the bottom phase in the current market cycle. Due to the price downturn, the arbitrage window that drives a substantial portion of crude-by-rail...more
This year has been marked by a series of high-profile pipeline incidents in Montana, West Virginia and California, among others. In response to these incidents, the Pipeline and Hazardous Materials Safety Administration...more
Environmental and Policy Focus - Water rights ruling a setback for California drought regulators: Sacramento Bee - Jul 10: In a significant ruling that could hinder California's ability to order water cutbacks, a judge...more
Last week’s derailments in West Virginia and Canada bring more scrutiny to the already heavily scrutinized shipment of crude by rail given the real-time media coverage of the incidents. Last Friday, Oregon Senator Ron...more
These are uncertain and stressful times for all involved in the transportation of crude oil by rail. Since February 14, two fiery derailments in West Virginia and Ontario have refocused an unwelcome spotlight on the necessity...more
In response to rail accidents over the past several years involving crude oil and ethanol, the U.S. Department of Transportation (“DOT”) has been working with industry stakeholders and the National Transportation Safety Board...more
By a vote of 29-1, on June 5, 2014, the Senate Appropriations Committee passed legislation (S. 2438) funding fiscal year (FY) 2015 activities for the U.S. Department of Transportation (DOT). DOT’s programs for crude oil and...more
While federal officials continue their efforts to address railroad transportation of petroleum crude oil (crude-by-rail), Virginia intends to make a parallel but somewhat broader effort with respect to hazardous material rail...more
On May 7th, the U.S. Department of Transportation (DOT) issued an Emergency Order (EO) requiring all rail carriers to notify State Emergency Response Commissions (SERCs) regarding the expected routing of their unit trains of...more