The Energy Law

JUNE 20, 2023

F]ederal maritime law governs whether a claim sounds in admiralty and that the relevant substantive law governs whether a plaintiff has alleged a valid prima facie claim,” citing Blue Whale Corp. On appeal, the Third Circuit analyzed what constitutes a valid prima facie admiralty claim sufficient to support attachment under Rule B. “[F]ederal

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The Energy Law

FEBRUARY 22, 2016

Petitioners include thirty States, State agencies, and local government entities and more than one hundred private companies, cooperatives, and industry trade groups. The Rule arbitrarily excludes pre-2013 low- and zero-emitting generation sources from being able to create emission reduction credits. The lawsuit, West Virginia v.

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The Energy Law

APRIL 5, 2017

Lenders who take security interests in securities accounts are familiar with the rules of Articles 8 and 9 of the Uniform Commercial Code that identify the governing jurisdiction for these transactions. state’s law governs perfection and priority of securities that are held in a securities account.

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The Energy Law

MAY 12, 2016

Environmental Protection Agency (EPA), seeking to compel EPA to “fulfill long-delayed nondiscretionary duties” under the Resource Conservation and Recovery Act (RCRA) by issuing revised regulations governing oil and gas wastes. See Appalachian Voices v. McCarthy , 989 F. 2d 30, 53-56 (D.

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The Energy Law

NOVEMBER 7, 2014

According to the complaint (PDF) DOJ filed in February 2013, Cleartron ZB-103 was routinely “injected into the outfall pipe to mask oil sheen on the ocean surface resulting from ATP’s discharge of wastewater containing quantities of oil in excess of its NPDES permit limit.” See United States v. ATP Oil & Gas Corp. , 955 F.Supp.2d

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The Energy Law

SEPTEMBER 23, 2008

Subtitle E amends the FOGRMA of 1982 to repeal royalty overpayment interest for lessees by the federal government and mandates that when royalty adjustments are made resulting in an underpayment by lessee the royalty obligation clock starts when the date the adjustment is taken.

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The Energy Law

NOVEMBER 1, 2013

By Jillian Marullo Senate Bill 514, signed into law on June 14, 2013, authorizes saltwater pipeline operators in Texas “to install, maintain, and operate” saltwater pipelines “through, under, along, across, or over a public road” in order to transport the wastewater produced by hydraulic fracturing operations to disposal sites.

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The Energy Law

JUNE 2, 2020

Amidst historically low oil prices and economic shutdowns, fossil fuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. 1331 because the cities’ claims were “necessarily governed by federal common law.” BP PLC et al., Minton , 568 U.S. 308, 314 (2005)).

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The Energy Law

NOVEMBER 1, 2013

By Jillian Marullo House Bill 2767, which took effect on September 1, 2013, was enacted to encourage recycling of the wastewater produced in hydraulic fracturing (or “fracking”) and other oil and gas operations. A hotly contested issue is the consumption of water by fracking activities.

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The Energy Law

AUGUST 29, 2014

Secretary Salazar originally intended the IRU’s functions to continue within the three new bureaus; however, as of fiscal year 2013, the IRU was operating only within BSEE (PDF). The Natural Resources Committee for the House of Representatives has questioned DOI about the IRU’s composition and activities. Richard Hastings (R-Wash.),

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The Energy Law

SEPTEMBER 15, 2015

The government argued that any equipment used to separate oil should be considered an “oil-water separator” regardless of whether it contained all the ancillary equipment described in the definition. . § As a strict liability offense, the government does not need to prove that the defendant had a criminal intent. 703(a); 16 U.S.C. §

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The Energy Law

JULY 23, 2013

July 12, 2013) (pdf). In the wake of the Third Circuit’s ruling, it is possible that more states and local governments will file Section 126(b) petitions, and that EPA may be more receptive to such petitions. See GenOn REMA, LLC v. 12-1022, slip op. at 29 (3d Cir.

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The Energy Law

JULY 21, 2016

A group of private landowners (“the Landowners”), who owned all of Unit 1, brought a lawsuit in 2013 for declaratory judgment and injunctive relief against the FWS, its director, the United States Department of the Interior, and the Secretary of the Interior. Tammany Parish (“Unit 1”).

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The Energy Law

OCTOBER 16, 2014

In September, the Sierra Club, one of the largest environmental organizations in the United States, filed a lawsuit seeking an immediate ban on the transportation of crude oil in allegedly outdated and unsafe tank cars despite the fact that the government has proposed regulations to address the same concerns.

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