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EPA and Army Corps of Engineers Propose Significant Revisions to Definition of “Waters of the United States”

The Energy Law

On March 25, 2014, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) jointly released a proposed rule purporting to clarify the scope of the “waters of the United States” protected under the Clean Water Act. The agencies claim that, as a result of the Supreme Court’s decision in Rapanos v.

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

The Energy Law

On September 2, 2014, the Department of Justice announced a settlement in United States v. The Army Corps of Engineers (Corps) issues NWPs for activities that have minimal individual and cumulative adverse effects on the aquatic environment. Trans Energy, Inc. , 14-117 (N.D.W.Va.),

E&P 40
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A Key Decision: Supreme Court of Texas Sides with Liskow Amicus Brief on Behalf of TXOGA

The Energy Law

On June 20, 2014, the Supreme Court of Texas ruled in Key Operating & Equipment, Inc. Disconcertingly, the court of appeals held that the case was “decided under the accommodation doctrine,” which neither Key nor the Hegars contended applied.