On August 19, 2024, the U.S. District Court for the District of Maryland issued its merits decision in Sierra Club et al. v. NMFS, API, et al., No. 8:20-cv-03060-DLB, which vacated the U.S. Department of Commerce, National Marine Fisheries Service’s (“NMFS”) 2020 programmatic Biological Opinion on the Federally Regulated Oil and Gas Program Activities in the Gulf of Mexico (the “2020 BiOp”), and corresponding Incidental Take Statement (“ITS”), for violations of the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531 et seq., and Administrative Procedure Act (“APA”), 5 U.S.C. §§ 551 et seq.
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EJ Analysis Remains Part of Louisiana’s Public Trust Duty
The Louisiana Supreme Court has declined to review the First Circuit Court of Appeal’s ruling in Rise St. James v. LDEQ, essentially cementing the appellate court’s holding that an analysis of environmental justice (EJ) issues is required under Louisiana’s Public Trust Doctrine.
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Smackover Lithium Update: Arkansas Oil and Gas Commission Sets Hearing to Fix Lithium Royalty Rate
As previously described in The Energy Law Blog, Arkansas is unlike several of its neighboring states in that it already has a robust body of law governing the extraction of minerals from brine. The Arkansas Oil and Gas Commission oversees brine production and sets the applicable royalty rates to which landowners are entitled. …
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Failure to Allege Plausible Arguments Against Oil and Gas Companies Proves Costly as the Fifth Circuit Dismissed Oyster Mortality Case
The United States Fifth Circuit Court of Appeals recently affirmed the dismissal of a lawsuit against 18 oil and gas companies. The lawsuit arose from the sudden death of oysters in Plaquemines Parish, which plaintiffs, a group of about 30 oyster fishermen, alleged were the result of a release of produced water and brine—frequent byproducts of oil and gas operations. …
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EPA Releases New Version of EJScreen
This week EPA released the newest version of its environmental justice (EJ) screening and mapping tool, EJScreen 2.3. EJScreen is a mapping tool that combines environmental and socioeconomic data and is used to screen for potentially overburdened communities that may be affected by federal government programs and activities. …
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SCOTUS Stretches Statute of Limitations for Challenging Agency Actions Under APA
On July 1, 2024, the United States Supreme Court extended the deadline for challenging agency actions under the Administrative Procedure Act (“APA”), holding that the statute of limitations period does not begin to run “until the plaintiff is injured by final agency action.”…
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Louisiana’s Legislative Landscape: What’s New in 2024
As we hit the halfway point of 2024, Louisiana is poised for significant legislative changes impacting civil procedure and litigation, energy, government, and insurance, among other sectors.
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SCOTUS Dials Back Chevron Deference in Loper Bright Opinion
On Friday, June 28, 2024, the United States Supreme Court overturned the Chevron doctrine in Loper Bright Enterprises v. Raimondo, 603 U.S. __ (2024), ushering in a new era of judicial review of agency action.
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EPA’s New Risk Management Program Regulations Impose New Requirements Including Additional Analyses for Process Hazards
In March 2024, the Environmental Protection Agency (“EPA”) issued its final rule amending its Risk Management Program regulations (also referred to as, “Part 68”). These amended regulations went into effect on May 10, 2024.
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Texas, Louisiana, and Mississippi Band Together to Stop BOEM’s New $6.9B Financial Assurance Rule
On June 17, 2024, the States of Texas, Louisiana and Mississippi, and four oil and gas trade associations sued the Department of Interior (“DOI”) and its Bureau of Ocean Energy Management (“BOEM”) in the U.S. District Court for the Western District of Louisiana, State of Louisiana, et al. v. Haaland, et al., No. 2:2024-cv-00820, challenging BOEM’s new final rule entitled Risk Management and Financial Assurance for OCS Lease and Grant Obligations, 89 Fed. Reg. 31544 (Apr. 24, 2024) (the “Final Rule”).
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