The Energy Law

JULY 10, 2007

On June 27, 2007, the Minerals Management Service (MMS) issued its notice advising the public of its intention to prepare an Environmental Assessment (EA) for proposed OCS Lease Sale 206, which is the Central Gulf of Mexico lease sale to be held in March 2008. Notably, the EA will not include approximately 5.8 million acres located in the southeastern part of the Central Planning Area, which was made available for leasing by the Gulf of Mexico Energy Security Act of 2006.

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The Energy Law

JULY 6, 2007

By Robert E. Holden and Monica Derbes Gibson The Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers have released long-awaited guidance addressing jurisdictional determinations under the Clean Water Act (CWA) in the wake of Rapanos v. United States , 126 S. Ct. 2208 (2006). There is general agreement that Rapanos limited the reach of the CWA, but the Court did not articulate a clear standard for determining whether or not a wetland or body of water is covered by the CWA.

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