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Supreme Court of Texas Revises Opinion in Pipeline Common-Carrier Case

The Energy Law Blog

By Carlos Moreno : The Supreme Court of Texas recently delivered a revised opinion discussing the power of eminent domain exercised by a common carrier CO2 pipeline. Denbury Green Pipeline-Texas, LLC , No. 09-0901, 2012 Tex. In Texas Rice Land Partners, LTD v. LEXIS 187 (Tex. The Court decided in favor of the landowner.

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Implications of NTL 2012-N06 on OSRP Preparation and Review

The Energy Law Blog

2012-N06 (2012), [hereinafter NTL 2012-N06]. NTL 2012 N-06, 3. To demonstrate that a qualified individual listed in the OSRP can adequately respond to a Worst Case Discharge (“WCD”) scenario, the OSRP now must identify the response resources available, including personnel, materials, equipment, and support vessels.

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New Air Standards for Oil & Gas Industry May Force HAP Area Sources into Major Source Status

The Energy Law Blog

Moreno On August 16, 2012, EPA published a new rule that revises the NESHAP Subpart HH standards for the oil and gas industry. The Final Rule wassigned on April 17, 2012, but publication in the Federal Register did not occur until August 16, 2012, making the rule effective on October 15, 2012. 16, 2012.

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Trans Energy Settlement Shows Need for E&P Wetlands Compliance Strategy

The Energy Law Blog

The United States and the West Virginia Department of Environmental Protection alleged that the company impounded streams and discharged dirt, sand, rocks and other materials into streams and wetlands without permits to construct well pads, pipeline stream crossings, surface impoundments, and other structures relating to natural gas extraction.

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U.S. Fifth Circuit Clarifies “Substantial Nexus” Test for LHWCA

The Energy Law Blog

After the incident, two of the offshore platforms connected by pipeline to the platform where the work was performed had to be shut down. 207, 222 (2012). The case eventually proceeded to trial wherein the jury was instructed to determine whether there was a substantial nexus between Mays’s death and Chevron’s OCS operations.

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Regulating the Regulators: Supreme Court Allows Judicial Review of Clean Water Act Determinations

The Energy Law Blog

a)(3) (2012). In this case, a company, Hawkes, was interested in purchasing land in northern Minnesota to mine peat. Thus, JDs in both cases have practical legal consequences. 33 CFR § 328.3(a)(3) The Corps has used this definition to assert jurisdiction over up to 300 million acres of swampy land.

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Louisiana Legislature Modifies Oilfield Cleanup Legislation

The Energy Law Blog

By Rob McNeal Updated June 15, 2012 Significant revisions and amendments to Louisiana’s oilfield cleanup legislation, La. 30:29 (commonly known as Act 312) obtained final legislative approval on May 31, 2012 and are expected to become law shortly. Third, a limited admission precludes another plan hearing later in the case.

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