Insight and Analysis of Legal Issues Impacting the Energy Industry
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…
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. …
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.
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 …
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 http://epa.gov/airquality/oilandgas/actions.html. Specifically, EPA is proposing changes to the New Source…
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…
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…
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…
By: Carlos J. Moreno
In Railroad Commission of Texas v. Texas Citizens for a Safe Future and Clean Water, No. 08-0497, 2011 WL 836827 (Tex. Mar. 11, 2011), the Supreme Court of Texas reversed the Austin Court of Appeal’s finding that the Railroad Commission (the “Commission”) has to consider broad public safety concerns in…
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