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By Sarah Y. Dicharry and Robert E. Holden Following the Deepwater Horizon incident in May 2010, the DOI imposed a six-month moratorium on the issuance of new drilling permits in deep water and directed then-operating lessees to stop operations at the soonest time practicable. The DOI implemented the moratorium on issuance of new leases through a directive and Notice to Lessees (NTL), explaining that the DOI would not review applications for leases in deep water for the following six months.
The Regional Greenhouse Gas Initiative (RGGI) has benefited the economy of participating states but achieved only modest reductions in greenhouse gas reductions, according to a panel of energy experts convened at Columbia Law School last night. To achieve greater reductions, RGGI should adopt a stricter carbon cap at its three-year program review. “By just about any measure, RGGI has been a success,” said Jared Snyder, Assistant Commissioner for Air Resources, Climate Change and Energy, New Yor
By Sarah Y. Dicharry and Robert E. Holden In August 2012, the Bureau of Safety and Environmental Enforcement (“BSEE”) published a Notice to Lessees (“NTL”) seeking to clarify a number of ambiguities regarding BSEE’s interpretation and application of the Oil Pollution Act (“OPA”) regulations that require offshore lessees to prepare and submit regional Oil Spill Response Plans (“OSRPs”).
By Robert E. Holden and Carlos J. Moreno On October 1st, 2012, the Environmental Protection Agency (“EPA”) released the final NPDES general permit for discharges from oil and gas facilities in the western and central portion of the Outer Continental Shelf of the Gulf of Mexico (the “final permit”). The final permit has yet to be published in the Federal Register, but it is available here.
Speaker: Nikhil Joshi, Founder & President of Snic Solutions
Is your manufacturing operation reaching its efficiency potential? A Manufacturing Execution System (MES) could be the game-changer, helping you reduce waste, cut costs, and lower your carbon footprint. Join Nikhil Joshi, Founder & President of Snic Solutions, in this value-packed webinar as he breaks down how MES can drive operational excellence and sustainability.
By Lesley Foxhall Pietras On October 5, 2012, EPA filed a petition for en banc rehearing of the D.C. Circuit’s August 21, 2012 panel decision vacating EPA’s Cross-State Air Pollution Rule (CSAPR). The panel, in a 2-1 decision authored by Judge Kavanaugh, held that CSAPR exceeded EPA’s statutory authority under the Clean Air Act (CAA) in two independent respects.
By Jana Grauberger The Texas Supreme Court distinguished several Texas appellate court decisions and held the exculpatory clause in a joint operating agreement (“JOA”) applicable not just to operational activities undertaken by the operator, but to all activities of the operator under the JOA. Reeder v. Wood County Energy, LLC , No. 10-0887, slip op.
By Stephen W. Wiegand On August 21, 2012, the United States Court of Appeals for the District of Columbia Circuit vacated EPA’s Cross-State Air Pollution Rule (CSAPR). EPA issued CSAPR in August 2011 pursuant to Sec. 110(a)(2)(D)(i)(I) of the Clean Air Act (the “good neighbor” provision) which requires that State Implementation Plans contain adequate provisions to prevent a state’s emissions from affecting another state’s air quality.
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By Stephen W. Wiegand On August 21, 2012, the United States Court of Appeals for the District of Columbia Circuit vacated EPA’s Cross-State Air Pollution Rule (CSAPR). EPA issued CSAPR in August 2011 pursuant to Sec. 110(a)(2)(D)(i)(I) of the Clean Air Act (the “good neighbor” provision) which requires that State Implementation Plans contain adequate provisions to prevent a state’s emissions from affecting another state’s air quality.
By Carlos J. Moreno On August 13, 2012, the United States Court of Appeals for the Fifth Circuit vacated the Environmental Protection Agency’s (“EPA”) disapproval of revisions to the Texas State Implementation Plan (“SIP”) dealing with the state’s Flexible Permits program. State of Texas v. U.S. Environmental Protection Agency , No. 10-60614 (5 th Cir.
By Robert E. Holden and Carlos J. Moreno On August 16, 2012, EPA published a new rule that revises the NESHAP Subpart HH standards for the oil and gas industry. 77 Fed. Reg. 159 (Aug. 16, 2012). The Final Rule wassigned on April 17, 2012, but publication in the Federal Register did not occur until August 16, 2012, making the rule effective on October 15, 2012.
By Lesley Foxhall Pietras On August 7, 2012, in a 2-1 decision in Summit Petroleum Corp. v. U.S. Environmental Protection Agency , the United States Court of Appeals for the Sixth Circuit vacated the Environmental Protection Agency’s (EPA) determination that a natural gas sweetening plant and sour gas production wells commonly owned by Summit Petroleum Corporation (Summit) but dispersed over forty-three square miles constituted a single stationary source under the Clean Air Act Title V permittin
By Irene Shulman, Intern. On Tuesday, New York State Supreme Court Justice Thomas J. McNamara in Albany County dismissed a lawsuit filed in June 2011 by three members of Americans For Prosperity, a conservative advocacy group, that challenged New York’s participation in the Regional Greenhouse Gas Initiative (RGGI) cap and trade program. The suit, Thrun v.
Speaker: Kevin Kai Wong, President of Emergent Energy Solutions
In today's industrial landscape, the pursuit of sustainable energy optimization and decarbonization has become paramount. ♻️ Manufacturing corporations across the U.S. are facing the urgent need to align with decarbonization goals while enhancing efficiency and productivity. Unfortunately, the lack of comprehensive energy data poses a significant challenge for manufacturing managers striving to meet their targets. 📊 Join us for a practical webinar hosted by Kevin Kai Wong of Emergent Ene
By Stephen Wiegand On April 17, 2012, the United States Environmental Protection Agency (EPA) finalized New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) for natural gas wells that are hydraulically fractured. The rule aims to reduce levels of volatile organic compounds (VOCs) released during well completion.
By Carlos J. Moreno On March 7, 2012, the Environmental Protection Agency (“EPA”) published in the Federal Register a proposed NPDES general permit for discharges from oil and gas facilities in the western and central portion of the Outer Continental Shelf of the Gulf of Mexico (the “proposed permit”). See 77 Fed. Reg. 13601 (Mar. 7, 2012), available at [link].
By Carlos Moreno : The Supreme Court of Texas recently delivered a revised opinion discussing the power of eminent domain exercised by a common carrier CO2 pipeline. In Texas Rice Land Partners, LTD v. Denbury Green Pipeline-Texas, LLC , No. 09-0901, 2012 Tex. LEXIS 187 (Tex. Mar. 2, 2012), the Court was asked if a landowner can challenge in court the eminent domain power of a CO 2 pipeline owner with a common carrier permit from the Railroad Commission of Texas (“RRC”).
By Joanna Nelson : Preston Exploration Co., L.P. v. GSF , L.L.C., Cause No. 10-20599, 2012 U.S. App. LEXIS 1873 (5th Cir. Tex. Feb. 1, 2012) The Fifth Circuit recently vacated a judgment in the U.S. District Court for the Southern District of Texas, holding that the lower court had improperly conflated “two distinct principles – whether parties come to a meeting of the minds as to the subject matter of a contract with whether a writing’s legal description is sufficient to meet the statute of
Speaker: Antoine M. Thompson, Executive Director of the Greater Washington Region Clean Cities Coalition
Diversity, Equity, Justice, and Inclusion (DEJI) policies, programs, and initiatives are critically important as we move forward with public and private sector climate and sustainability goals and plans. Underserved and socially, economically, and racially disadvantaged communities bear the burden of pollution, higher energy costs, limited resources, and limited investments in the clean energy and transportation sectors.
By James T. Kittrell The Texas Court of Appeals for the Eleventh District of Eastland has recently held that a seller of an oil and gas property may be held to the terms of a forged purchase agreement if the seller properly signs an assignment that specifically incorporates the terms of the forged document. Raven Resources, LLC v. Legacy Reserves Operating, LP, No. 11-09-00348-CV, 2012 Tex.
by Shelley Welton, Deputy Director & Fellow. As I blogged about last October, the Northeast’s Regional Greenhouse Gas Initiative (RGGI) is currently undergoing its 2012 program review. This review will look at many aspects of the program’s design and functioning, with the aim of determining whether major reforms are necessary after several years of learning from the current design.
By Megan Spencer In our December 20, 2011 E-Newsletter , we reported on the status of: (1) EPA’s Cross-State Air Pollution Rule; and (2) the EPA Inspector General’s report, “EPA Must Improve Oversight of State Enforcement.” Some recent developments in those areas merit an update: (1) On December 30, 2011, the United States Court of Appeals for the D.C.
By Rob McNeal Updated June 15, 2012 Significant revisions and amendments to Louisiana’s oilfield cleanup legislation, La. R. S. 30:29 (commonly known as Act 312) obtained final legislative approval on May 31, 2012 and are expected to become law shortly. Procedures have been added to expedite the remediation of oilfield contamination, the procedures for the formulation of remediation plans by the Office of Conservation in the Louisiana Department of Natural Resources have been modified, and new p
Speaker: Laurie Schoeman Director, Climate & Sustainability, Capital
As households and communities across the nation face challenges such as hurricanes, wildfires, drought, extreme heat and cold, and thawing permafrost and flooding, we are increasingly searching for ways to mitigate and prevent climate impacts. During this event, national climate and housing expert Laurie Schoeman will discuss topics including: The two paths for climate action: decarbonization and adaptation.
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