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Fifth Circuit Rejects EPA’s Overreaching on CAA and MBTA

The Energy Law

14-40128, 2015 U.S. 4, 2015). Citgo’s Corpus Christi refinery operates a wastewater treatment system that sends all oily wastewater to several Corrugated Plate Interceptor (“CPI”) separators. Under NSPS Subpart QQQ, refinery operators are required to put roofs on “oil-water separators.” United States v.

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Sierra Club Asks Court to Ban Use of Legacy DOT-111 Tank Cars

The Energy Law

As if crude producers and midstream transportation companies don’t already have enough problems trying to get crude oil from production fields to refineries thanks to inadequate pipeline infrastructure, tank car supply, rail safety concerns, and new regulations, they now also have to address a new, potentially market-busting lawsuit.

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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. Forest Serv. , 3d 110, 115 (8th Cir. 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. Regulations Governing the Take of Migratory Birds.