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EPA Releases Final Rule Requiring Oil and Gas Sources to Report Emissions of Greenhouse Gases

The Energy Law

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. By Carlos J.

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Production in Paying Quantities: Maintaining Mineral Leases Beyond Their Primary Terms with Production of Oil or Gas

The Energy Law

The sharp decline in oil prices over the past year and a half has had a significant impact on operators and mineral lessees in Louisiana and in other oil-producing states. 2] Implicit in the term “paying quantities” is the requirement that the lessee show a profit, meaning production revenues must exceed “operating expenses.” [3]

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Louisiana Third Circuit Court of Appeal Reverses District Court’s Dismissal in Arsenic Land Damage Case

The Energy Law

Mosaic Global Operations, (La. Goodrich Petroleum Co., The full text of the opinion is available here: www.la3circuit.org/opinions/2010/10/1027/09-1237opi.pdf By Stephen Wiegand In David v. The plaintiffs were landowners who alleged that the product had contaminated their land and water with arsenic. 11/28/07), 981 So.2d

Casing 40
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Fifth Circuit Rejects EPA’s Overreaching on CAA and MBTA

The Energy Law

Citgo Petroleum Corp., Citgo’s Corpus Christi refinery operates a wastewater treatment system that sends all oily wastewater to several Corrugated Plate Interceptor (“CPI”) separators. See Standards of Performance for VOC Emissions from Petroleum Refinery Wastewater Systems, 40 C.F.R. §§ 60.690 to 699 (“NSPS Subpart QQQ”).

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Uncertainty About Migratory Bird Treaty Act “Takes”: The Biden Administration Delays the Effective Date of the Final Regulations Governing Take of Migratory Birds

The Energy Law

If incidental takes are actionable under the MBTA, this raises possible MBTA liability in a variety of industries (such as wind projects, petroleum refineries, and other energy and infrastructure projects) whose normal day-to-day operations can have unintentional effects on migratory birds. CITGO Petroleum Corp. , Evans , 952 F.2d

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Uncertainty About Migratory Bird Treaty Act “Takes”: The Biden Administration Delays the Effective Date of the Final Regulations Governing Take of Migratory Birds

The Energy Law

If incidental takes are actionable under the MBTA, this raises possible MBTA liability in a variety of industries (such as wind projects, petroleum refineries, and other energy and infrastructure projects) whose normal day-to-day operations can have unintentional effects on migratory birds. CITGO Petroleum Corp. , Evans , 952 F.2d