News & Analysis as of

Storage Tanks

Currents - Energy Industry Insights - January 2018 - Issue 3

Northeast Could be Second U.S. Petrochemical Hub - "'While the region with its ample and reliable supply of ethane is primed for the emergence as a second major petrochemical manufacturing hub in the United States, it...more

Salt Transloading Facility: Court Addresses Whether Local Ordinance is Preempted by Federal Statute

A United States District Court addressed in a December 7th opinion whether the Interstate Commerce Commission Termination Act (“Act”) preempted a Vermont town’s ordinance regulating a salt transloading facility. See Vermont...more

Arkansas Advisory Committee on Petroleum Storage Tanks – December Meeting

As noted in previous blog posts, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks for certain corrective actions and third party damage claims due to a release of...more

Arkansas Department of Environmental Quality Office of Land Resources Update: Kevin White (Deputy Director) Arkansas Environmental...

Mr. Kevin White undertook a presentation at the Arkansas Environmental Federation Convention/Tradeshow titled: Arkansas Department of Environmental Quality of Land Resources Update (“Presentation”) ...more

Currents - Energy Industry Insights - September 2017#4

U.S. Crude Exports to Asia May Shake Up Global Oil Pricing: Russell "The great disruptor that is U.S. shale oil is coming to Asia, as refiners in the energy-hungry region look to expand and diversify their sources of...more

Identifying and Addressing Environmental Issues in Petroleum Marketing Agreements (“Presentation”)

The Arkansas Oil Marketers Association Environmental Workshop was held on August 30th in Little Rock. I undertook a presentation titled: Identifying and Addressing Environmental Issues in Petroleum Marketing...more

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

by Tonkon Torp LLP on

Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

Amendments to the Aboveground Storage Tank Act to Become Law

House Bill 2811, amending the Aboveground Storage Tank ("AST") Act, previously passed the West Virginia House and Senate and then was signed by Governor Justice on April 4, 2017. Thus, the amendments to the AST Act included...more

Texas Supreme Court Confirms Broad Scope of Anti-SLAPP Law

by Gray Reed & McGraw on

Back in late 2015, I wrote a five-part series on the Expanding Scope of the TCPA or Texas’ Anti-SLAPP law. The Supreme Court of Texas confirmed our analysis last week with its decision in the ExxonMobil v. Coleman confirming...more

Wash. Supreme Court Rejects Limited Scope of the Ocean Resources Management Act

On January 12, the Supreme Court of the State of Washington issued a unanimous ruling holding that both the Court of Appeals and the state’s Shorelines Hearing Board (Board) had erroneously interpreted the state’s Ocean...more

The Saga of Pennsylvania's Act 13 Comes to an End

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

West Virginia Aboveground Storage Tank Act Becomes Effective

On August 1, 2016, the legislative rule promulgated to implement the Aboveground Storage Tank Act became effective. The Rule is 63 pages long and contains detailed requirements for registering, designing, installing,...more

Missouri Governor Signs Bill Promoting Blender Pump Installation Throughout The State

by Bergeson & Campbell, P.C. on

On June 24, 2016, Missouri Governor Jay Nixon signed Senate Bill 657 modifying provisions related to motor vehicles. Under this new law, liability insurance carried by gas stations will expand coverage to include the release...more

Finally…..The Final Aboveground Storage Tank and Horizontal Well Rules

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

FERC Grants Extension of Time for Natural Gas Storage Company to Construct Expansion Facilities Over More Than 250 Comments in...

by King & Spalding on

On May 16, 2016, the Federal Energy Regulatory Commission granted Arlington Storage Company, LLC (Arlington) a two-year extension of time to construct a previously authorized underground natural gas storage expansion project....more

California Water Bond Funding Will Begin to Flow

Two years ago, Californians voted to pass Proposition 1, a $7.5 billion general obligation bond, also known as the Water Quality, Supply, and Infrastructure Improvement Act of 2014. As part of developing a comprehensive water...more

California Environmental Law & Policy Update - February 2016 #4

by Allen Matkins on

Environmental and Policy Focus - State Water Project deliveries to cities and farms increased SFGate - Feb 24 With a bit more snow in the Sierra than in years past, California officials on Wednesday boosted the...more

New Jersey Supreme Court Reaffirms Restatement Approach to Nuisance, Trespass

by Beveridge & Diamond PC on

In a ruling that further delineates the threshold for maintaining private nuisance and trespass claims in New Jersey, the state’s highest court held that defendant landowners were not liable for contamination to neighboring...more

New York State Department of Environmental Conservation Revises Regulations Governing Bulk Storage Tanks

by Beveridge & Diamond PC on

The New York State Department of Environmental Conservation (NYSDEC) issued revised regulations, effective October 11, 2015, governing the management and bulk storage of petroleum and hazardous substances. Corresponding...more

DEC Explains New Enforcement Initiative to the New York Oil and Gas Industry

by Hodgson Russ LLP on

On September 30, 2015, the New York State Department of Environmental Conservation (DEC) held a public information session regarding DEC enforcement of regulations relating to Petroleum Bulk Storage (PBS), petroleum spills...more

Virginia’s Aboveground Storage Tank Regulations Are Amended

by Williams Mullen on

The Virginia State Water Control Board (“Board”) recently published long-awaited changes to the state’s petroleum aboveground storage tank (“AST”) regulations. This is a final regulatory action, and the changes become...more

EPA Seeks Comment on National Enforcement Initiatives

by King & Spalding on

On September 15, 2015, EPA solicited public comment on its upcoming cycle of National Enforcement Initiatives (NEI) for fiscal years (FY) 2017-2019. EPA is proposing to adopt three new enforcement initiatives and is...more

EU Commission Consults Industry on EU Strategy for LNG and Gas Storage

by King & Spalding on

Introduction - On 8 July 2015 the European Commission launched a public consultation on an EU strategy for liquefied natural gas (LNG) and gas storage. The consultation is part of the Commission's strategy to explore the...more

FTC Narrows Scope of HSR Reporting Exemption for Certain Acquisitions

by Bracewell LLP on

On July 20, 2015, the Federal Trade Commission (FTC) released revisions to its interpretation of the rule, 16 C.F.R. §802.5, that exempts certain acquisitions of “investment rental property assets” from reportability under...more

Aboveground Storage Tanks: Where Are We Now?

Spilman Thomas & Battle attorneys have been following developments and changes in the Aboveground Storage Tank Act since it was first introduced in the West Virginia Legislature in 2014. The 2015 Regular Session saw a lot of...more

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