November, 2014

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EPA and BSEE Team Up to Resolve Offshore Environmental Violations

The Energy Law Blog

Recently, when there was talk about Houston-based ATP Oil and Gas’ (ATP) legal problems, it was inevitably about its bankruptcy and its effort to bring the overriding royalty interests it had conveyed back into the bankrupt estate as debt instruments. That should change now that the Department of Justice (DOJ), acting jointly on behalf of EPA and BSEE, has announced its settlement with ATP Infrastructure Partners (ATP-IP) in the first joint judicial enforcement action resolving alleged violation

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The Toledo Water Ban: More Money, More Chemicals, More Problems

Vermont Law

Summary: The city of Toledo, Ohio issued a water ban on August 2–3, 2014 after a local treatment plant found unsafe levels of microcystin, a type of harmful algal bloom known to cause health defects and even death when ingested. Due to the amount of unregulated agriculture in Ohio, phosphorus and other nutrients that runoff into Lake Erie create these algal blooms.

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Who’s Afraid of the Big Bad Koontz?

Vermont Law

Summary: The Supreme Court’s recent exactions decision in. Koontz v. St. Johns Water Management District. has prompted concerns that it will stifle the compensatory mitigation practices of environmental and natural resources permitting agencies. The form of. Koontz. phobia is unfounded for three reasons: (1) the statutes and regulations under which the agencies work already require the practices Koontz incorporates; (2) the agencies already compile studies justifying their assessment of developm