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

The Energy Law Blog

On September 2, 2014, the Department of Justice announced a settlement in United States v. The Trans Energy settlement shows that exploration and production (E&P) companies need a rigorous compliance strategy for wetlands permit requirements. Trans Energy, Inc. , 14-117 (N.D.W.Va.),

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Air Permitting Update: D.C. Circuit Decision Helps E&P Facilities

The Energy Law Blog

On May 30, 2014, in an unanimous decision in National Environmental Development Association’s Clean Air Project v. The EPA had argued that an operationally interdependent relationship (in the Summit case, spanning a 43-square mile area) was enough to find that pollutant-emitting activities were “adjacent.” May 30, 2014).

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Act 312: Federal Court Holds That Plaintiff Cannot Pocket “Additional Remediation Damages” Without Express Contractual Provision

The Energy Law Blog

The court interpreted the 2014 amendments to Act 312 (La. 1/30/13) (“ LL&E ”), that legacy plaintiffs are entitled to additional remediation damages in two circumstances: (1) if required by an express contractual provision, or (2) if the mineral lessee has acted unreasonably or excessively under the lease. Denbury , — F.3d

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Fifth Circuit Rules “Approximate Physical Presence” is Required for General Personal Jurisdiction

The Energy Law Blog

P N K (Lake Charles) L.L.C., But in so doing, the court may have announced a new jurisdictional test with significant ramifications for future cases. So, the question on appeal was whether this was the “exceptional case” where personal jurisdiction could also be exercised in another state. 117 (2014). [4] Brown , 564 U.S.

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Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law Blog

The path to this Proposed Rule has been long and winding, beginning in 2014 with BOEM resisting making changes through formal notice and comment rulemaking pursuant to the Administrative Procedures Act, and instead continuing to regulate this issue through Notice to Lessee (“NTL”) guidance documents.

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Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law Blog

The path to this Proposed Rule has been long and winding, beginning in 2014 with BOEM resisting making changes through formal notice and comment rulemaking pursuant to the Administrative Procedures Act, and instead continuing to regulate this issue through Notice to Lessee (“NTL”) guidance documents.