The Energy Law

OCTOBER 3, 2011

By Carlos J. Moreno: On August 23, 2011, the Environmental Protection Agency (EPA) published in the Federal Register a proposed rule that significantly expands the applicable air emissions standards for the Oil and Natural Gas Sector. See 76 Fed. Reg. 52738 (Aug. 23, 2011), available at [link] EPA is proposing changes to the New Source Performance Standards (NSPS) in 40 CFR part 60 and technology-based National Emissions Standards for Hazardous Air Pollutants (NESHAP) in 40 CFR part 63 that app

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The Energy Law

SEPTEMBER 15, 2011

By: Lesley Foxhall Pietras On August 8, 2011, the Environmental Protection Agency (EPA) published a far-reaching Clean Air Act rule intended to address the interstate transport of sulfur dioxide (SO2) and nitrogen oxides (NOx) from upwind to downwind states. See 76 Fed. Reg. 48208 (Aug. 8, 2011). Specifically, the Cross-State Air Pollution Rule (CSAPR) requires 27 states, including Louisiana and Texas, to make dramatic cuts in power plant emissions.

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The Energy Law

AUGUST 3, 2011

By Andrew Wooley The Supreme Court of Texas’ recent decision in Marsh USA Inc. v. Cook , 54 Tex. Sup. Ct. J. 1234, 2011 WL 2517019, 2011 Tex. LEXIS 465 (Tex. June 24, 2011), will make it easier for employers to enforce a Texas employee’s post-termination covenant not to compete. The decision was not unanimous, however, and it leaves some questions still to be answered.

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The Energy Law

MAY 27, 2011

One of the prominent features of arbitration under the Federal Arbitration Act (“FAA”) [1] and the arbitration statutes of most states is a stringently limited right of appeal, which is integral to the goal of expeditious and economical dispute resolution. Some parties choose to arbitrate for reasons other than cost and efficiency, however, such as a desire for privacy, to avoid a forum perceived to be hostile, or to present their case to a tribunal with special expertise, and those parties oft

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Speaker: Nikhil Joshi, Founder & President of Snic Solutions

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Waste

The Energy Law

MAY 17, 2011

By Lesley Foxhall Pietras On April 27, 2011, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) released new proposed guidance on how the agencies will identify waters protected by the Clean Water Act (CWA) in light of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) (SWANCC) and Rapanos v.

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The Energy Law

MAY 5, 2011

by: Carlos J. Moreno On May 3, 2011, the U.S. Environmental Protection Agency (EPA) promulgated a final rule partially disapproving the Texas State Implementation Plan (SIP) and issuing a Federal Implementation Plan (FIP) for Texas. The action prolongs EPA’s authority to issue Prevention of Significant Deterioration (PSD) permits for Greenhouse Gas Emissions (GHG) emissions in Texas.

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The Energy Law

FEBRUARY 3, 2011

By: Megan J. Spencer EPA first issued its Boiler MACT Rule on September 13, 2004. However, these standards were vacated by the United States Court of Appeals for the District of Columbia Circuit after the Court found EPA’s definition of “commercial or industrial waste” conflicted with the language of the Clean Air Act in NRDC v. EPA , 489 F. 3d 1250 (D.C.

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The Energy Law

FEBRUARY 3, 2011

Thanks to you, our readership, Liskow’s Energy Law Blog has been nominated for the LexisNexis Top 50 Environmental Law & Climate Change Blogs! If you like what you see on our blog, please let the ELCCC ( LexisNexis Environmental Law & Climate Change Community ) know by commenting “ here ” (go ahead and do it now, nomination support ends February 14).

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The Energy Law

JANUARY 18, 2011

by: Megan J. Spencer In its decision, filed January 7, 2011, the United States Court of Appeals for the Fifth Circuit reversed, vacated and remanded the opinion of a Texas district court that had found that the National Park Service’s Oil and Gas Management Plan was invalid under the Administrative Procedure Act (“APA”) because it denied Plaintiffs rights of ingress and egress established in the state and federal law creating the park.

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The Energy Law

JANUARY 10, 2011

In Gabarick v. Laurin Maritime (America), Inc. , 2010 WL 5421015 (5th Cir. Dec. 30, 2010), the Fifth Circuit reversed the district court’s finding of summary judgment on liability under the Oil Pollution Act of 1990 (“OPA”). In doing so, the Court determined that at the summary judgment stage of a complex OPA case involving a number of different parties, it was improper for the court to rely solely on allegations made in the pleadings in order to find that one particular party was not liable u

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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

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