Environmental

Subscribe to Environmental via RSS

The dispute between Governor John Bel Edwards and Attorney General Jeff Landry over the retention of several private attorneys to represent the State of Louisiana, through the Department of Natural Resources (“LDNR”) in coastal loss litigation has taken a new twist.  These lawsuits were filed by several parish governments alleging dozens of oil and gas companies caused marsh loss by operations that violated state-issued coastal use permits and related permitting requirements. 
Continue Reading Attorney General Finds Governor’s Contract for Legal Services Not Approvable, Unacceptable, Illegal, and Unconstitutional

In recent years, offshore companies have witnessed a marked uptick in the number of enforcement actions undertaken by the Bureau of Safety and Environmental Enforcement (BSEE).[1]  Operators face more BSEE inspections, Incidents of Non-Compliance (INCs), and civil penalties than ever before.  Meanwhile, the average penalty amount has grown.  For example, in 2014 the agency imposed a civil penalty of $1,230,000—an unprecedented figure in the history of the BSEE civil penalty program. BSEE has also begun to target offshore contractors, who, until recently, have not faced exposure to agency enforcement actions.  See Island Operating Co., Inc., 186 IBLA 199 (2015).  Together, these developments will undoubtedly lead to more litigation and a higher cost of doing business on the Outer Continental Shelf.

Continue Reading Offshore Companies Face Surge in BSEE Enforcement Actions and Penalties

Louisiana Flooding - Legal Update

The Liskow & Lewis family stands by our friends and neighbors throughout the unprecedented flooding in our community. As we begin the long process of recovery, here is a brief legal update on the response of various courts and state agencies:

  • State courts: Governor John Bel Edwards has issued an executive order which purports to

…

On August 16th, the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued an advisory bulletin to clarify the regulatory requirements that may vary depending on the operational status of a pipeline under 49 C.F.R. Parts 192 and 195 (2016).
Continue Reading All or Nothing: Regulators Strictly Define Pipeline Abandonment

The first of 40 coastal permitting lawsuits to proceed to disposition has been dismissed for failure to exhaust administrative remedies.

In a ruling released today, Judge Enright of the 24th JDC for Jefferson Parish dismissed The Parish of Jefferson v. Atlantic Richfield Company, finding that the statutory scheme at issue provided administrative channels to investigate and resolve alleged permit violations, and thus those remedies must be exhausted before the plaintiffs could pursue civil damages through the courts.
Continue Reading First Parish Coastal Zone Lawsuit to Proceed to Decision Falls for Failure to Exhaust Administrative Remedies

In 2010, under the Endangered Species Act (“ESA”), the United States Fish and Wildlife Service (“the FWS”) designated 6,477 acres in Mississippi and Louisiana as “critical habitat” for the Rana sevosa or the dusky gopher frog.  This frog has historically lived in nine counties or parishes across Louisiana, Mississippi, and Alabama.  Since its 2001 designation as an endangered species, an estimate of 100 adult frogs are known to only exist in Harrison County, Mississippi.  The gopher frog spends most of its time living underground, but will migrate to short-lived, ephemeral ponds to breed.  After breeding, the frog will return to its underground habitat, along with its offspring.  According to the FWS, the greatest threat to the gopher frog population is the low number of adult frogs and human-induced environmental stressors, such commercial development.  Markle Interests, L.L.C. v. United States Fish & Wildlife Serv., 2016 WL 3568093, at *1-2 (5th Cir. June 30, 2016).
Continue Reading The Dusky Gopher Frog Causes Big Problems for Industrial and Commercial Development in Parts of St. Tammany Parish

This is Part II of our TSCA update following the recent changes to the TSCA legislation.

On June 29, 2016, the U.S. Environmental Protection Agency (“EPA”) released its first year implementation plan for the recently-enacted amendments to the Toxic Substances Control Act (“TSCA”).  Faced with the ambitious requirements and timeframes laid out by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the “Act”), EPA has planned out its implementation activities during the first year. The agency divided up actions into four categories: Immediate Actions, Framework Actions, Early Mandatory Actions, and Later Mandatory Actions (beyond the first year of implementation).
Continue Reading EPA Biting Off More Than It Can Chew? Agency Publishes First Year Implementation Plan for New TSCA Legislation

The Bureau of Ocean Energy Management (BOEM) released its long awaited new Notice to Lessees and Operators (NTL) updating the procedures and criteria used to determine when and if additional supplemental financial assurance is required for an Outer Continental Shelf (OCS) lease, pipeline right-of-way, or right-of-use and easement.  New BOEM NTL No. 2016-N01, dated July 12, 2016, takes effect on September 12, 2016 and supersedes and replaces NTL No. 2008-N07, which was commonly referred to by industry as the “supplemental bond” NTL.
Continue Reading BOEM Releases Long Awaited New Financial Assurance Notice to Lessees and Operators

President Obama signed the Protecting our Infrastructure of Pipelines and Enhancing Safety Act or the SAFE PIPES Act into law on June 22, 2016.  The Safe Pipes Act reauthorizes the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) through 2019 as well as its associated programs, including the one-call notification program, the pipeline integrity program, and…