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Non-subscribers get at least a few free articles per month, though you may have to give your e-mail address.) Well, this is biting off a lot to chew. But it does address many of the issues that I see discussed on EnergyCentral.com. The article provides quite a few impressive references.
The court stated, “[W]e find the directives from the Louisiana Supreme Court in Save Ourselves ,… which require consideration of ‘economic, social, and other factors,’ broad enough to include an analysis of environmental justice, as defined by the EPA.” It, however, found that LDEQ had fulfilled its duty in this instance. What is EJ?
In line with the Sackett holding, the final rule removes the “significant nexus standard” for wetlands from the agency regulations and amends the definition of “adjacent.”Prior On September 8, 2023, EPA and the U.S. The final rule revises the agency regulations in light of the U.S.
Produced water—a substance traditionally considered to be a useless byproduct of fracing—has recently become a valuable product that can be treated and sold to operators for drilling. As background, many areas in Texas contain shale formations that are dense and have poor permeability. But more than minerals are released.
In the final rule, BSEE amended its regulations to add a new regulatory definition of RUE and to incorporate RUEs, RUE holders, and prior RUE holders throughout the decommissioning regulations located at 30 C.F.R. BSEE’s new regulations focus on Rights-of-Use and Easements (“RUEs”) and predecessor enforcement practices. 250.1700, et seq.
The SNPR presents new data on ballast water management systems and solicits public comments on the standards and definitions applicable to ballast tanks, hulls and associated niche areas, and graywater systems. It also requires the U.S. Coast Guard (“USCG”) to develop corresponding regulations to enforce compliance with the EPA’s standards.
A “ministerial duty” is one in which the public officer has no discretion, which the Court also described as “a simple, definite duty, arising under conditions admitted or proved to exist, and imposed by law.” State of Louisiana through the Department of Natural Resources , 22-0625 (La. 1/1/23), So.
The bill ties the definition of “foreign adversaries” to 15 CFR 7.4(a), As of June 7, 2023, a bill aiming to prohibit entities controlled by “foreign adversaries” from buying, leasing, or otherwise acquiring immovable property in the state has passed both the Louisiana House and Senate and is now awaiting the Governor’s approval.
This definition further includes any lease pursuant to which the primary activity of the lessee is the production of wind, solar, hydroelectric, or geothermal energy. The bill defines a “renewable energy lease” as a lease entered into for the purpose of producing “wind, solar, hydroelectric, or geothermal energy.” compare to La.
Securities and Exchange Commission adopted final rules that amend the definitions of “accredited investor” and “qualified institutional buyer” which are central to classifying investors that may participate in private offerings and investments under federal securities laws. Yesterday the U.S.
By Robert E. One important change is how the new definition of “associated equipment” modifies the aggregation rule for Hazardous Air Pollutants (HAP), which in turn modifies the applicability of the “major source” definition for oilfield operations, in particular as it applies to oil and gas wells, tanks and glycol dehydrators.
The ANPRM seeks to better develop these definitions for the final regulations. The ANPRM seeks comments on how “other similar entities” should be interpreted and which qualifications should factor into the definition. The CTA contains many enumerated exceptions.
Most American maritime and environmental attorneys and vessel owners are familiar with OPA 90 and oil spill liability in the United States. But what happens when a vessel spills oil in the territorial waters of another country? The CLC addresses civil liability for maritime oil spills. Report a spill 2. Cooperate in response 3. Failure to a.
One of the more controversial requirements in the proposed rule, the “basin-level” definition of an onshore production facility, remains largely unchanged in the final rule. EPA did include language that explicitly limits the basin-level definition to the GHG Reporting Rule. By Carlos J. Moreno On November 8, 2010, the U.S.
The new definitions section codified at La. 393 of the 2021 Regular Session , Louisiana’s nondiscrimination law protecting “pregnancy, childbirth and related medical conditions” in employment (La. 23:341–42), was amended to include a requirement that employers provide reasonable accommodations for pregnant employees. Modifying work schedules.
The ANPRM seeks comment on five groups of questions: Definitions (questions #1-9). The ANPRM seeks to better develop these definitions for the final regulations. The ANPRM seeks comments on how “other similar entities” should be interpreted and which qualifications should factor into the definition.
Consequently, this Supreme Court decision will definitely be one to watch in the upcoming term. Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry.
Anadarko E&P Onshore, LLC , 520 S.W.3d ” During oral argument, Myers’ counsel Byron Keeling emphasized that numerous scholarly articles and treatises have cited these cases as definitively establishing that Texas surface owners own subsurface storage rights. The case was Myers-Woodward v. Underground Services Markham.
A Regulatory Increase to the Limits of Liability for Oil Pollution and an Amendment Exempting Small Passenger Vessels from the Limitation of Liability Act Present New Challenges for Vessel Owners U.S. First, the Coast Guard announced [1] increases to the liability limits in the Oil Pollution Act of 1990 (“OPA”). [2]
Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims, many of them hinging on widely used contracts like the NAESB model form. This recent case [ MIECO, L.L.C. Pioneer Nat.
The new definition of “oil and gas exploration and production” includes “construction activities,” which brings oil and gas construction activities within the CWA § 402(l)(2) exemption from NPDES permitting. 06-73217 (9th Cir. As for large construction activities, they previously required NPDES permits (prior to June 12, 2006).
The preliminary definition of a “reporting company” includes corporations, limited liability companies, and other similar entities that are created by filing a document with the secretary of state (or an equivalent office) of any state, or are formed under foreign law and are registered to do business in the United States in a like manner.
The Department of the Interior (“DOI”) recently published its semi-annual regulatory agenda, which includes two new planned rulemakings affecting federal offshore leases. 9598 (Feb. BSEE’s 2024 decommissioning rule would update 30 C.F.R. BSEE is currently authorized to assess civil penalties of up to $52,646 per day per regulatory violation.
According to the Fifth Circuit, however, the Sackett decision “cleared the air” by significantly tightening the definition of regulated wetlands. EPA decision redefining waters of the United States (“WOTUS”) to end a ten-year conflict between the U.S. In Lewis v. United States , Case No. United States , Case No.
Today, countries worldwide are responding to a pandemic of respiratory disease spreading from person-to-person caused by a novel coronavirus. The disease has been named “coronavirus disease 2019” (abbreviated “COVID-19”). Does this pandemic and resultant disruption constitute a force majeure event under Louisiana and Texas law?
The parties executed three agreements, which collectively provided that no binding and enforceable obligations would be imposed on the parties until a definite agreement was reached and approved by both companies’ boards of directors. The Texas Supreme Court issued an opinion today in Energy Transfer Partners, L.P
In a recent opinion, the Fifth Circuit Court of Appeals ruled that the “Sabine River Authority, State of Louisiana” (“SRA-L”) is not entitled to Eleventh Amendment sovereign immunity. [1] 1] SRA-L was a named defendant in a suit by plaintiffs who own land in Louisiana and Texas. who will be liable for payment of a judgment levied against it).
Expanded Definition of Qualified Individual IRS Notice 2020-50 expands the CARES Act definition of a qualified individual who is eligible for CRDs, loans, and loan payment suspension. For more information on these CARES Act topics see our prior newsletter here.
Consequently, this Supreme Court decision will definitely be one to watch in the upcoming term. Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry.
The trial court did not file a written judgment, instead it issued oral reasons in which it found there was a “dearth of evidence (sic) from anyone who can definitively place him working, you know, at the facility during that time window.” Lamorak Ins. 20-0424 (La. In 2018, Charles Steib (“Mr. Plaintiffs appealed.
The preliminary definition of a “reporting company” includes corporations, limited liability companies, and other similar entities that are created by filing a document with the secretary of state (or an equivalent office) of any state, or are formed under foreign law and are registered to do business in the United States in a like manner.
Hawaii Wildlife Fund, et al. where the Court held that, in limited circumstances, a party discharging pollutants into groundwater that ultimately end up in navigable waters will need a permit under the Clean Water Act. 33 U.S.C. §§ 1311(a), 1362(12)(A); see also 33 U.S.C. 1342 (NPDES provisions). 1342 (NPDES provisions).
The TCJA changed this definition so that certain amounts spent by an EO on qualified transportation fringe benefits ( e.g. employee parking) are treated as UBTI. New Tax on Employee Parking EOs pay federal income taxes on their UBTI at a 21% rate. If so, the EO’s costs up to $260 per month per employee will be subject to the new tax.
1] While lenders involved in cross-border transactions will definitely need to factor the Convention into their thinking, a lender that believes it is only involved in U.S. That provides that the local law of the securities intermediary as specified in Section 8.110(e) governs that question.
The trial court did not file a written judgment, instead it issued oral reasons in which it found there was a “dearth of evidence (sic) from anyone who can definitively place him working, you know, at the facility during that time window.” Lamorak Ins. 20-0424 (La. In 2018, Charles Steib (“Mr. Plaintiffs appealed.
By Robert E. a)(7), the definition of "waters of the United States," and the property owners objected. Holden and Monica Derbes Gibson The Environmental Protection Agency (EPA) and U.S. United States , 126 S. 2208 (2006). Click here to view the guidance.
Flat River Farms, L.L.C. , the Louisiana Second Circuit addressed issues affecting the creation and preservation of mineral servitudes and payment of court costs in a concursus action. [1] 1] In the case, an operator initiated a concursus action seeking to resolve ownership interest in minerals underlying property on which it was operating.
The companies have entered into a definitive business combination agreement (the “Agreement”) to combine in an all-share transaction valued at approximately $15 billion , inclusive of net debt 1. Under the terms of the Agreement, Veren shareholders will receive 1.05 common shares of Whitecap for each Veren common share held. .”
The main updates that EPA has included in the draft Guidance include updating several key definitions and concepts so that they align with the terms used in Executive Order 14096. “EJ EJ Concerns.” Cumulative Impacts and Climate Change. Evaluating the underlying heterogeneity (i.e., That determination is “ultimately a policy judgment.”
It also directed the Council on Environmental Quality to issue new guidance on how agencies should implement the expanded definition of EJ and updated agency directives contained in the order, including evaluating updated EJ considerations during NEPA review of federal actions. Communications include firm news, insights, and events.
The Executive Order 14096 definition adds Tribal affiliation and disability to the list of EJ indicators, explicitly provides for protection from disproportionate and adverse human health and environmental effects, and states that those effects include those from climate change, as well as cumulative impacts.
After previously speaking in favor of the workers who were trying to organize an Amazon facility in Alabama, President Biden last week signed an Executive Order on Worker Organizing and Empowerment and delivered an address to a joint session of Congress discussing the importance of unions. The middle class built this country.
After previously speaking in favor of the workers who were trying to organize an Amazon facility in Alabama, President Biden last week signed an Executive Order on Worker Organizing and Empowerment and delivered an address to a joint session of Congress discussing the importance of unions. The middle class built this country.
In 2019, the Trump administration repealed that rule and replaced it with a narrower definition, limiting jurisdiction to traditional navigable waters, their tributaries, lakes, and adjacent wetlands. In 2023, the agencies, under the Biden administration, again revised the definition, returning it to the pre-2015 Rapanos framework.
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