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EPA and Army Corps of Engineers Issue Draft Guidance on Waters Protected by Clean Water Act

The Energy Law Blog

159 (2001) (SWANCC) and Rapanos v. In this vein, non-navigable tributaries are subject to CWA jurisdiction, if the tributary is connected to a downstream traditional navigable water, and flow in the tributary is at least seasonal. Army Corps of Engineers, 531 U.S. United States, 547 U.S. 715 (2006). Guidance at 13.

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Texas Supreme Court Holds Producer Not Required to Share in Natural Gas Pipeline Compression Costs

The Energy Law Blog

Michael Lillis (“Lillis”) was one of the producers who sold natural gas to Kachina, dating back to 2001. The Court, however, did make sure to clarify that the location of the pressure was not determinative on the question of whether compression can “effect delivery,” as compression can reduce upstream pressure as well as downstream pressure.