June, 2015

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Nuclear Energy and Drought: A Recipe for Disaster

Vermont Law

Summary: Nuclear energy is one of the most debated subjects in the environmental policy and legal world. Questions that often arise are: Is it safe? Is it sustainable? Can it serve as a bridge to moving away from fossil fuels? However, what is often overlooked is the impact of nuclear power on our water systems, especially in drought prone areas.

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Texas Supreme Court Holds Producer Not Required to Share in Natural Gas Pipeline Compression Costs

The Energy Law Blog

In Kachina Pipeline Company, Inc. v. Lillis, No. 13-0596 , the Supreme Court of Texas interpreted a natural gas-purchase contract and held that a producer was not required to share in the costs of compression, even though that compression helped yield a higher re-sale price. Whether this decision narrowly reflects the language of one specific contract or represents a sea change is yet to be determined.

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New EPA Stormwater Permit Adds More Restrictions to Allowable Wash Water Discharges

The Energy Law Blog

On June 16, 2015, the EPA published a notice of final permit issuance for the NPDES General Permit for Stormwater Discharges from Industrial Activities (commonly referred to as the Multi-Sector General Permit or “2015 MSGP”). Click here to see the Multi-Sector General Permit. Many permittees will understandably focus on any changes made to the specific requirements for their sector.

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Can Cities Decide What “Healthy” Means?

Vermont Law

Summary: Sacramento has called on Californians to reduce water usage as the state enters its fourth year of drought. While many parties bicker about how we should allocate water, municipalities have brought vanity into the arena. Many cities are willing to adopt new cutbacks, but others are reluctant to change appearance requirements in their zoning ordinances.

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Implementing D.E.J.I. Strategies in Energy, Environment, and Transportation

Speaker: Antoine M. Thompson, Executive Director of the Greater Washington Region Clean Cities Coalition

Diversity, Equity, Justice, and Inclusion (DEJI) policies, programs, and initiatives are critically important as we move forward with public and private sector climate and sustainability goals and plans. Underserved and socially, economically, and racially disadvantaged communities bear the burden of pollution, higher energy costs, limited resources, and limited investments in the clean energy and transportation sectors.

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Louisiana Supreme Court Denies Plaintiff’s Writ Application in a Move That Will Impact Oil & Gas Legacy Cases

The Energy Law Blog

By: Joe Norman , Kelly Becker , James Lapeze , and Kathryn Gonski Recently the Louisiana Supreme Court handed down a ruling that has significant implications on the oil and gas industry in the state. The Court denied the Plaintiff-landowner’s writ application which sought review of a Louisiana First Circuit Court of Appeal opinion that affirmed dismissal of the landowner’s claims based upon application of the subsequent purchaser doctrine in favor of defendants who were mineral lessees.

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Texas Supreme Court Says You Can’t Disclaim Your Heritage, But Maybe You Can Ignore It

The Energy Law Blog

Like the final season of ABC’s hit series Lost , the Texas Supreme Court’s opinion in Chesapeake Exploration, L.L.C. v. Hyder, No. 14-0302 , was highly anticipated, but left many of us scratching our heads. The 5-4 decision, authored by Justice Hecht, is the latest in a series of cases from high courts across the country addressing the sharing of “post-production costs” between royalty owners and oil and gas lessees.