Casting a Wider Net: Proposed Expansion of Coastal States’ Authority
The Energy Law Blog
by Jana Grauberger and Cristian M. Soler
4d ago
The Offshore Parity Act of 2024 (H.R. 10183), introduced on November 20, 2024, by Congressmen Garret Graves (R-LA) and Troy A. Carter, Sr. (D-LA), looks to extend Louisiana’s state authority from 3 to 9 nautical miles offshore into the Gulf of Mexico ..read more
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EPA’s New Risk Management Program Regulations Impose New Requirements Including Additional Analyses for Process Hazards
The Energy Law Blog
by Lou E. Buatt and Emily von Qualen
2w ago
In March 2024, the Environmental Protection Agency (“EPA”) issued its final rule amending its Risk Management Program regulations (also referred to as, “Part 68”). These amended regulations went into effect on May 10, 2024 ..read more
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EPA Sets Limits on Certain PFAS in Drinking Water and Designates Some as Hazardous Substances Under CERCLA, Posing Vast Challenges for Waste and Other Industries
The Energy Law Blog
by Colin North, Emily von Qualen, Clare M. Bienvenu, Greg L. Johnson and Michael Mims
2w ago
EPA issues two rules for regulating #PFAS under the #SDWA and #CERCLA. The rules (1) set enforceable limits in drinking water for six PFAS, and (2) designate two PFAS as #hazardous substances ..read more
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U.S. Federal Offshore Wind in 2024: Growth and Growing Pains
The Energy Law Blog
by Jana Grauberger and Valkyrie "Kyrie" Buffa
2w ago
In 2021, the Biden Administration set a goal of deploying 30 gigawatts (“GW”) of federal offshore wind projects by 2030, and in 2022, the U.S. Department of the Interior (“DOI”) set an additional goal of deploying 15 GW of floating offshore wind by 2035 ..read more
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Proposed Changes to Louisiana Severance Tax Scheme
The Energy Law Blog
by Caroline Lafourcade, Bob Angelico and Neil Abramson
1M ago
In keeping with the Governor’s call for the Legislature’s 2024 Third Extraordinary Session, House Bill No. 25 was introduced on Monday seeking to adjust severance tax rates, eliminate exemptions, and modify administrative procedures and dedications of mineral revenues. HB 25 initially proposed that severance tax on oil should be determined based on volume at a ..read more
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Potential Shutdown of GOM Oil and Gas Operations Due to BiOp Vacatur Averted – For Now
The Energy Law Blog
by Jana Grauberger, Greg L. Johnson and Valkyrie "Kyrie" Buffa
1M ago
This week, a Maryland federal district court amended its prior Biological Opinion (“BiOP”) vacatur judgment, extending the timeline for vacatur from December 20, 2024, to May 21, 2025, which averts for now a potential shutdown of Gulf of Mexico (“GOM”) oil and gas operations ..read more
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Maryland Court’s Vacatur of Biological Opinion Could Cause Severe Disruption of Gulf of Mexico Oil & Gas Activities
The Energy Law Blog
by Jana Grauberger, Greg L. Johnson and Valkyrie "Kyrie" Buffa
3M ago
On August 19, 2024, the U.S. District Court for the District of Maryland issued its merits decision in Sierra Club et al. v. NMFS, API, et al., No. 8:20-cv-03060-DLB, which vacated the U.S. Department of Commerce, National Marine Fisheries Service’s (“NMFS”) 2020 programmatic Biological Opinion on the Federally Regulated Oil and Gas Program Activities in the Gulf of Mexico (the “2020 BiOp”), and corresponding Incidental Take Statement (“ITS”), for violations of the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531 et seq., and Administrative Procedure Act (“APA”), 5 U.S.C. §§ 551 et seq ..read more
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EJ Analysis Remains Part of Louisiana’s Public Trust Duty
The Energy Law Blog
by Clare M. Bienvenu, Greg L. Johnson, Cherrell Simms Taplin and Emily von Qualen
3M ago
The Louisiana Supreme Court has declined to review the First Circuit Court of Appeal’s ruling in Rise St. James v. LDEQ, essentially cementing the appellate court’s holding that an analysis of environmental justice (EJ) issues is required under Louisiana’s Public Trust Doctrine ..read more
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Louisiana Appeals Court Finds Environmental Justice Is Part of the Louisiana Public Trust Duty
The Energy Law Blog
by Emily von Qualen, Clare M. Bienvenu, Greg L. Johnson and Cherrell Simms Taplin
3M ago
In the recent First Circuit Court of Appeal decision reinstating the Formosa facility permits, the court clarified that consideration of environmental justice is included in the Louisiana Public Trust Doctrine. To learn more about how this opinion may affect permit challenges and permit requirements, read more here ..read more
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Smackover Lithium Update: Arkansas Oil and Gas Commission Sets Hearing to Fix Lithium Royalty Rate
The Energy Law Blog
by Joe Heaton, Caleb J. Madere and Jamie D. Rhymes
3M ago
As previously described in The Energy Law Blog, Arkansas is unlike several of its neighboring states in that it already has a robust body of law governing the extraction of minerals from brine. The Arkansas Oil and Gas Commission oversees brine production and sets the applicable royalty rates to which landowners are entitled ..read more
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