The Texas Court of Appeals for the Eleventh District of Eastland has recently held that a seller of an oil and gas property may be held to the terms of a forged purchase agreement if the seller properly signs an assignment that specifically incorporates the terms of the forged document. Raven
Liskow & Lewis
Update to the December 20, 2011 Liskow & Lewis E-Newsletter
By Liskow & Lewis on
Posted in Environmental
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 …
EPA Proposes Modifications to Oil & Gas Air Pollution Standards
By Liskow & Lewis on
Posted in Environmental
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…
EPA’s Cross-State Air Pollution Rule Will Have A Dramatic Impact on Texas and Louisiana
By Liskow & Lewis on
Posted in Environmental
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…
Texas employers will welcome the decision in Marsh USA Inc. v. Cook
By Liskow & Lewis on
Posted in Employment Law
By Andrew Wooley
The Supreme Court of Texas’ recent decision in Marsh USA Inc. v. Cook, 54 Tex. Sup. Ct. J. 1234, 2011 WL 2517019, 2011 Tex. LEXIS 465 (Tex. June 24, 2011), will make it easier for employers to enforce a Texas employee’s post-termination covenant not to compete. The decision was not unanimous,
…
Parties May Agree to Expanded Judicial Review Under Texas Arbitration Act — Nafta Traders, Inc. v. Quinn
By Liskow & Lewis on
Posted in Arbitration
One of the prominent features of arbitration under the Federal Arbitration Act (“FAA”)[1] and the arbitration statutes of most states is a stringently limited right of appeal, which is integral to the goal of expeditious and economical dispute resolution. Some parties choose to arbitrate for reasons other than cost and efficiency, however, such as a…
EPA and Army Corps of Engineers Issue Draft Guidance on Waters Protected by Clean Water Act
By Liskow & Lewis on
Posted in Environmental
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…
Latest Chapter in the “EPA v. Texas” GHG Permitting Saga: EPA Publishes Final Rule Partially Disapproving Texas SIP and Promulgates FIP for GHG Emissions
By Liskow & Lewis on
Posted in Environmental
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…
Supreme Court of Texas Reverses Appeals Court in Oil and Gas Waste Injection Well Permitting Case
By Liskow & Lewis on
Posted in Energy & Natural Resources, Environmental
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…
Extra! Extra! Read All About It!
By Liskow & Lewis on
Posted in Environmental
Thanks to you, our readership, Liskow’s Energy Law Blog has been nominated for the LexisNexis Top 50 Environmental Law & Climate Change Blogs! If you like what you see on our blog, please let the ELCCC (LexisNexis Environmental Law & Climate Change Community) know by commenting “here” (go ahead and do …