2011

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EPA Proposes Modifications to Oil & Gas Air Pollution Standards

The Energy Law Blog

By Carlos J. Moreno: On August 23, 2011, the Environmental Protection Agency (EPA) published in the Federal Register a proposed rule that significantly expands the applicable air emissions standards for the Oil and Natural Gas Sector. See 76 Fed. Reg. 52738 (Aug. 23, 2011), available at [link] EPA is proposing changes to the New Source Performance Standards (NSPS) in 40 CFR part 60 and technology-based National Emissions Standards for Hazardous Air Pollutants (NESHAP) in 40 CFR part 63 that app

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EPA’s Cross-State Air Pollution Rule Will Have A Dramatic Impact on Texas and Louisiana

The Energy Law Blog

By: Lesley Foxhall Pietras On August 8, 2011, the Environmental Protection Agency (EPA) published a far-reaching Clean Air Act rule intended to address the interstate transport of sulfur dioxide (SO2) and nitrogen oxides (NOx) from upwind to downwind states. See 76 Fed. Reg. 48208 (Aug. 8, 2011). Specifically, the Cross-State Air Pollution Rule (CSAPR) requires 27 states, including Louisiana and Texas, to make dramatic cuts in power plant emissions.

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Texas employers will welcome the decision in Marsh USA Inc. v. Cook

The Energy Law Blog

By Andrew Wooley The Supreme Court of Texas’ recent decision in Marsh USA Inc. v. Cook , 54 Tex. Sup. Ct. J. 1234, 2011 WL 2517019, 2011 Tex. LEXIS 465 (Tex. June 24, 2011), will make it easier for employers to enforce a Texas employee’s post-termination covenant not to compete. The decision was not unanimous, however, and it leaves some questions still to be answered.

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Parties May Agree to Expanded Judicial Review Under Texas Arbitration Act — Nafta Traders, Inc. v. Quinn

The Energy Law Blog

One of the prominent features of arbitration under the Federal Arbitration Act (“FAA”) [1] and the arbitration statutes of most states is a stringently limited right of appeal, which is integral to the goal of expeditious and economical dispute resolution. Some parties choose to arbitrate for reasons other than cost and efficiency, however, such as a desire for privacy, to avoid a forum perceived to be hostile, or to present their case to a tribunal with special expertise, and those parties oft

2011 40
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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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Latest Chapter in the “EPA v. Texas” GHG Permitting Saga: EPA Publishes Final Rule Partially Disapproving Texas SIP and Promulgates FIP for GHG Emissions

The Energy Law Blog

by: Carlos J. Moreno On May 3, 2011, the U.S. Environmental Protection Agency (EPA) promulgated a final rule partially disapproving the Texas State Implementation Plan (SIP) and issuing a Federal Implementation Plan (FIP) for Texas. The action prolongs EPA’s authority to issue Prevention of Significant Deterioration (PSD) permits for Greenhouse Gas Emissions (GHG) emissions in Texas.

2011 40
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Supreme Court of Texas Reverses Appeals Court in Oil and Gas Waste Injection Well Permitting Case

The Energy Law Blog

By: Carlos J. Moreno In Railroad Commission of Texas v. Texas Citizens for a Safe Future and Clean Water , No. 08-0497, 2011 WL 836827 (Tex. Mar. 11, 2011), the Supreme Court of Texas reversed the Austin Court of Appeal’s finding that the Railroad Commission (the “Commission”) has to consider broad public safety concerns in the permitting of proposed oil and gas waste injection wells.

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Extra! Extra! Read All About It!

The Energy Law Blog

Thanks to you, our readership, Liskow’s Energy Law Blog has been nominated for the LexisNexis Top 50 Environmental Law & Climate Change Blogs! If you like what you see on our blog, please let the ELCCC ( LexisNexis Environmental Law & Climate Change Community ) know by commenting “ here ” (go ahead and do it now, nomination support ends February 14).

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Fifth Circuit Reverses District Court Ruling Protecting Mineral Owner’s Rights of Ingress and Egress Over National Park Service Land

The Energy Law Blog

by: Megan J. Spencer In its decision, filed January 7, 2011, the United States Court of Appeals for the Fifth Circuit reversed, vacated and remanded the opinion of a Texas district court that had found that the National Park Service’s Oil and Gas Management Plan was invalid under the Administrative Procedure Act (“APA”) because it denied Plaintiffs rights of ingress and egress established in the state and federal law creating the park.

2011 40
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Fifth Circuit Reverses Summary Judgment in Oil Pollution Act Case

The Energy Law Blog

In Gabarick v. Laurin Maritime (America), Inc. , 2010 WL 5421015 (5th Cir. Dec. 30, 2010), the Fifth Circuit reversed the district court’s finding of summary judgment on liability under the Oil Pollution Act of 1990 (“OPA”). In doing so, the Court determined that at the summary judgment stage of a complex OPA case involving a number of different parties, it was improper for the court to rely solely on allegations made in the pleadings in order to find that one particular party was not liable u

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EPA and Army Corps of Engineers Issue Draft Guidance on Waters Protected by Clean Water Act

The Energy Law Blog

By Lesley Foxhall Pietras On April 27, 2011, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) released new proposed guidance on how the agencies will identify waters protected by the Clean Water Act (CWA) in light of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) (SWANCC) and Rapanos v.

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Shaping a Resilient Future: Climate Impact on Vulnerable Populations

Speaker: Laurie Schoeman Director, Climate & Sustainability, Capital

As households and communities across the nation face challenges such as hurricanes, wildfires, drought, extreme heat and cold, and thawing permafrost and flooding, we are increasingly searching for ways to mitigate and prevent climate impacts. During this event, national climate and housing expert Laurie Schoeman will discuss topics including: The two paths for climate action: decarbonization and adaptation.