The Energy Law Blog
JULY 26, 2013
By Greg Johnson and Stephen Wiegand In a July 17, 2013 decision, the United States Court of Appeals for the Fifth Circuit vacated a $6 million dollar penalty levied under the Clean Water Act (“CWA”) against CITGO Petroleum Corporation (“CITGO”) and remanded the matter to the Western District of Louisiana for further consideration. See U.S. v. CITGO Petroleum Corp., Case No. 11-31117 (5th Cir.
Law Columbia
JULY 16, 2013
By Yan Gu, Summer Intern. The European Parliament recently voted through a temporary plan to delay the auction of hundreds of millions of EU emission allowances (EUAs) for several years, in order to avoid flooding the market with new allowances while prices are near historic lows. This decision allows what is known as the “back-loading” proposal to proceed to further negotiations with the European Council to reach a commonly approved text that could become law in the future.
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The Energy Law Blog
JULY 25, 2013
By Carlos J. Moreno and Robert E. Holden EPA’s most recent NPDES regulations for stormwater permitting of oil and gas facilities were vacated by the Ninth Circuit in 2008 and new regulations have not been promulgated. To understand the stormwater permit requirements for oil and gas activities, you need to review not only the regulations that remain in force, but also the Clean Water Act as amended by the Energy Policy Act of 2005.
The Energy Law Blog
JULY 23, 2013
By Lesley Foxhall Pietras A recent opinion by the United States Court of Appeals for the Third Circuit has breathed new life into Clean Air Act Section 126(b), which allows downwind state and local governments to petition the Environmental Protection Agency (“EPA”) for immediate relief from interstate pollution caused by a major source (or a group of sources) in an upwind state.
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The Energy Law Blog
JULY 1, 2013
By Lesley Foxhall Pietras On June 24, 2013, the U.S. Supreme Court granted the petitions for writs of certiorari filed by the U.S. Environmental Protection Agency (“EPA”) and the American Lung Association in the litigation involving EPA’s Cross-State Air Pollution Rule (“CSAPR”). The CSAPR sets limits on sulfur dioxide and nitrogen oxides from power plants in 28 upwind states in the eastern part of the country.
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