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.
Continue Reading SCOTUS Dials Back Chevron Deference in Loper Bright Opinion
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.
Continue Reading EPA’s New Risk Management Program Regulations Impose New Requirements Including Additional Analyses for Process Hazards
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”).
Continue Reading Texas, Louisiana, and Mississippi Band Together to Stop BOEM’s New $6.9B Financial Assurance Rule
On May 21, 2024, a group of 20 states, including Louisiana and Texas, filed an action in North Dakota district court challenging the Council on Environmental Quality’s (“CEQ”) finalized amendments to its National Environmental Policy Act (“NEPA”) regulations, arguing that the rule seeks expanded environmental review without statutory authority.
Continue Reading Louisiana and Texas Challenge CEQ’s Finalized NEPA Amendments
The availability of excess remediation damages, which are damages for additional remediation beyond state regulatory standards that can be pocketed by landowners instead of deposited with the court, has been a hotly contested issue in Louisiana legacy cases involving oilfield remediation claims governed by Act 312 (La. R.S. 30:29).
Continue Reading Liskow Secures Success at the Louisiana First Circuit Court of Appeal in Legacy Case Involving Excess Remediation Claims Under Act 312
On April 17, 2024, the Environmental Protection Agency (“EPA”) issued a Civil-Criminal Enforcement Coordination Policy (“Policy”) that requires EPA’s civil and criminal enforcement offices to collaborate throughout the planning and enforcement process.
Continue Reading EPA Issues Civil-Criminal Enforcement Coordination Policy, Changing Approach to How It Handles Collaboration Between the Two Offices
EPA issues two rules for regulating #PFAS under the #SDWA and #CERCLA. The rules (1) set enforceable limits in drinking water for six PFAS, and (2) designate two PFAS as #hazardous substances.
Continue Reading EPA Sets Limits on Certain PFAS in Drinking Water and Designates Some as Hazardous Substances Under CERCLA, Posing Vast Challenges for Waste and Other Industries
On April 15, 2024, the Bureau of Ocean Energy Management (“BOEM”) released a prepublication of its highly anticipated final rule revising financial assurance requirements for oil, gas, and sulfur operations on the federal outer continental shelf (“OCS”).
Continue Reading BOEM’s New Financial Assurance Requirements for Federal Oil & Gas Leases, ROWs, and RUEs
Moving forward in the legislative session, three bills sponsored by Chairman Geymann are scheduled for a vote on the House Floor this afternoon, April 16. Read up on the latest #CCS update from Liskow attorneys Neil Abramson and Jeff Lieberman.
Continue Reading Floor and Committee Action Today for Louisiana Carbon Capture Legislation
On February 8, 2024, the Environmental Protection Agency (“EPA”) proposed two rules that would: (1) amend the regulatory definition of hazardous waste applicable to RCRA corrective actions to address releases from solid waste management units at treatment, storage, and disposal facilities (“TSD facilities”), and (2) add nine per- and polyfluoroalkyl substances (“PFAS”), their salts, and their structural isomers to the hazardous constituents list of RCRA.
Continue Reading EPA’s Proposed Rules for Regulating PFAS under the Resource Conservation and Recovery Act