In 2021, the Biden Administration set a goal of deploying 30 gigawatts (“GW”) of federal offshore wind projects by 2030, and in 2022, the U.S. Department of the Interior (“DOI”) set an additional goal of deploying 15 GW of floating offshore wind by 2035.
Continue Reading U.S. Federal Offshore Wind in 2024: Growth and Growing Pains
In keeping with the Governor’s call for the Legislature’s 2024 Third Extraordinary Session, House Bill No. 25 was introduced on Monday seeking to adjust severance tax rates, eliminate exemptions, and modify administrative procedures and dedications of mineral revenues.
HB 25 initially proposed that severance tax on oil should be determined based on volume at a
This week, a Maryland federal district court amended its prior Biological Opinion (“BiOP”) vacatur judgment, extending the timeline for vacatur from December 20, 2024, to May 21, 2025, which averts for now a potential shutdown of Gulf of Mexico (“GOM”) oil and gas operations.
Continue Reading Potential Shutdown of GOM Oil and Gas Operations Due to BiOp Vacatur Averted – For Now
On October 9, 2024, the Environmental Protection Agency (“EPA”) published the final rule, Vessel Incidental Discharge National Standards of Performance (“VID-NSP”), establishing national performance standards under the Vessel Incidental Discharge Act (“VIDA”).
Continue Reading EPA Issues Much-Anticipated Final Rule Establishing National Standards of Performance for Vessel Incidental Discharges
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.
Continue Reading Maryland Court’s Vacatur of Biological Opinion Could Cause Severe Disruption of Gulf of Mexico Oil & Gas Activities
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.
Continue Reading EJ Analysis Remains Part of Louisiana’s Public Trust Duty
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.
Continue Reading Smackover Lithium Update: Arkansas Oil and Gas Commission Sets Hearing to Fix Lithium Royalty Rate
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.
Continue Reading Failure to Allege Plausible Arguments Against Oil and Gas Companies Proves Costly as the Fifth Circuit Dismissed Oyster Mortality Case
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.
Continue Reading EPA Releases New Version of EJScreen
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.”
Continue Reading SCOTUS Stretches Statute of Limitations for Challenging Agency Actions Under APA