Insight and Analysis of Legal Issues Impacting the Energy Industry
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. …
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”) …
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 …
By Carlos J. Moreno:
On November 15, 2010, the U.S. Environmental Protection Agency (EPA) issued a memorandum providing States with guidance on how to address ocean acidification in their Clean Water Act 303(d) impairment listings.
Section 303(d) of the Clean Water Act requires States to list water bodies that will not meet Water Quality…
By Carlos J. Moreno
On November 8, 2010, the U.S. Environmental Protection Agency (EPA) released its final Subpart W rule to cover petroleum and natural gas facilities under the agency’s Greenhouse Gas (GHG) Reporting Program. The original Subpart W rule for petroleum and natural gas facilities was proposed in March 2010. The industry segments covered…
By Stephen Wiegand
In David v. Mosaic Global Operations, (La. App. 3 Cir. 10/27/10), the Louisiana Third Circuit Court of Appeal reversed the dismissal of land contamination claims brought against the manufacturer of a tick-killing agent used on cattle. The plaintiffs were landowners who alleged that the product had contaminated their land and water with…
By Michael A. Mahone, Jr.
On October 19, 2010, the Louisiana Supreme Court issued its opinion in Marin v. Exxon Mobil Corp., a “legacy” lawsuit involving damage to property located in St. Mary Parish caused by historical oil and gas operations. The 4-3 ruling authored by Justice Victory clarified the law applicable to …
In EOG Resources Inc. v. Chesapeake Energy Corp., No. 09-30362, __ F.3d __ (5th Cir. 4/29/10), the Fifth Circuit reinstated EOG’s contractual claim against Chesapeake under the parties’ joint operating agreement (JOA). EOG claimed that Chesapeake had unilaterally drilled three wells in the parties’ pooled mineral leases in Bossier…
By Stephen Wiegand
EPA recently announced its position regarding the timing of the regulation of greenhouse gases under the Clean Air Act’s Prevention of Significant Deterioration (PSD) Program.
A PSD permit is required before a new industrial facility can be built or an existing facility can be modified in a way that significantly increases pollutant…
By Stepehen Wiegand
In October 2009, EPA promulgated the Mandatory Reporting of Greenhouse Gases Rule. This rule required reporting of greenhouse gas emissions from a number of large sources including suppliers of fossil fuels or industrial greenhouse gases, manufacturers of vehicles and engines, and certain facilities that emit 25,000 metric tons or more per year…
