On April 18, 2013, the U.S. Environmental Protection Agency (EPA or Agency) committed to improving air emissions data for the oil and natural gas production sector. EPA made this commitment in response to the Office of Inspector General’s February 20, 2013 report, “EPA Needs to Improve Air Emissions Data for the
Liskow & Lewis
BP Victory in Legacy Case Becomes Final
By Liskow & Lewis on
Posted in Litigation
In a legacy case defended by Liskow & Lewis, the Louisiana Supreme Court recently denied Plaintiff-landowners’ writ application seeking review of an opinion of the Louisiana Third Circuit Court of Appeal that affirmed a unanimous jury verdict in favor of BP. Houssiere v. ASCO USA, 12-791 (La. App. 3 Cir. 1/16/13), 108 So. 3d 797.…
EPA Grants Reconsideration of Certain Oil and Gas Storage Tank NSPS Provisions Issued in August 2012
By Liskow & Lewis on
Posted in Environmental
On August 16, 2012, EPA issued new source performance standards (NSPSs) for the oil and gas sector. The standards applied to various sources including storage tanks used in crude oil and natural gas production. On April 12, 2013, EPA announced proposed amendments to the rule pertaining to storage tanks.
The…
OCS Operators Need to Consider EPCRA Reporting in their Release Reporting Plans
By Liskow & Lewis on
Posted in Environmental
By Robert E. Holden
The recent decision by the U.S. Court of Appeals for the Fifth Circuit in Center for Biological Diversity, Inc. v. BP America Production Co., et al, no. 12-30136 (5th Cir. Jan. 9, 2013) (“CBD”), reversed in part the district court’s dismissal of citizen suit claims against BP in…
Air Permitting Update: EPA Ignores Summit Outside Sixth Circuit
By Liskow & Lewis on
Posted in Environmental
On December 21, 2012, the Environmental Protection Agency (EPA) issued a policy announcement addressing how it will deal with source aggregation following the Sixth Circuit’s decision in Summit Petroleum Corp. v. EPA, 690 F.3d 733 (6th Cir. Aug. 7, 2012). (Our previous blog entry on this decision is available here.)…
DOI Promulgates a New Final Rule for Increased Safety Measures on the OCS
By Liskow & Lewis on
Posted in Environmental
By Sarah Y. Dicharry and Robert E. Holden
After Deepwater Horizon, the President directed the Secretary of the Interior to develop a report concerning safety on the Outer Continental Shelf (“OCS”). In response, the Secretary of the Interior drafted a report entitled, “Increased Safety Measures for Energy Development on the Outer Continental Shelf,” which recommended…
Implications of NTL 2012-N06 on OSRP Preparation and Review
By Liskow & Lewis on
Posted in Environmental
By Sarah Y. Dicharry and Robert E. Holden
In August 2012, the Bureau of Safety and Environmental Enforcement (“BSEE”) published a Notice to Lessees (“NTL”) seeking to clarify a number of ambiguities regarding BSEE’s interpretation and application of the Oil Pollution Act (“OPA”) regulations that require offshore lessees to prepare and submit regional Oil Spill…
Fifth Circuit Reverses District Court’s Imposition of Attorneys Fees on DOI for Reissuance of Drilling Moratorium in GOM Following Deepwater Horizon Incident
By Liskow & Lewis on
Posted in Environmental
By Sarah Y. Dicharry and Robert E. Holden
Following the Deepwater Horizon incident in May 2010, the DOI imposed a six-month moratorium on the issuance of new drilling permits in deep water and directed then-operating lessees to stop operations at the soonest time practicable. The DOI implemented the moratorium on issuance of new leases…
EPA Finalizes NPDES Permit for Oil and Gas Facilities in the GOM OCS
By Liskow & Lewis on
Posted in Environmental
By Robert E. Holden and Carlos J. Moreno
On October 1st, 2012, the Environmental Protection Agency (“EPA”) released the final 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 “final permit”). The final permit has yet…
EPA Seeks Rehearing En Banc of D.C. Circuit Panel Decision on Cross-State Air Pollution Rule
By Liskow & Lewis on
Posted in Environmental
On October 5, 2012, EPA filed a petition for en banc rehearing of the D.C. Circuit’s August 21, 2012 panel decision vacating EPA’s Cross-State Air Pollution Rule (CSAPR). The panel, in a 2-1 decision authored by Judge Kavanaugh, held that CSAPR exceeded EPA’s statutory authority under the Clean Air Act (CAA)…