Louisiana and Texas Challenge CEQ’s Finalized NEPA Amendments 
The Energy Law Blog | Liskow & Lewis
by Emily von Qualen, Amy Tomlinson and Clare M. Bienvenu
1w ago
On May 21, 2024, a group of 20 states, including Louisiana and Texas, filed an action in North Dakota district court challenging the Council on Environmental Quality’s (“CEQ”) finalized amendments to its National Environmental Policy Act (“NEPA”) regulations, arguing that the rule seeks expanded environmental review without statutory authority. State of Iowa v. CEQ, 1:24-cv-00089. This suit is a facial challenge to the NEPA regulations that CEQ finalized on May 1, 2024. The finalized CEQ regulations are very similar to the proposed changes, published on July 31, 2023, and they seek to make si ..read more
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Supreme Court Resolves Circuit Split: Federal Arbitration Act Mandates a Stay of Court Proceedings, Not Dismissal
The Energy Law Blog | Liskow & Lewis
by Zachary Berryman, Kelly Brechtel Becker and Thomas J. McGoey II
1w ago
In a recent decision, the United States Supreme Court held that Section 3 of the Federal Arbitration Act requires a court to stay a proceeding pending arbitration and provides no discretion for the court to dismiss the action. In Smith v. Spizzirri,1 the Supreme Court settled a significant circuit split on the interpretation of Section 3 of the Federal Arbitration Act (“FAA”). Whereas the Second, Third, Sixth, and Seventh Circuits held that Section 3 of the FAA mandated a stay of court proceedings, the First, Fifth, Eighth, and Ninth Circuits held that a district court had discretion to dismi ..read more
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Liskow Secures Success at the Louisiana First Circuit Court of Appeal in Legacy Case Involving Excess Remediation Claims Under Act 312
The Energy Law Blog | Liskow & Lewis
by Michael C. Schimpf, Kelly Brechtel Becker and Kathryn Gonski
3w ago
The availability of excess remediation damages, which are damages for additional remediation beyond state regulatory standards that can be pocketed by landowners instead of deposited with the court, has been a hotly contested issue in Louisiana legacy cases involving oilfield remediation claims governed by Act 312 (La. R.S. 30:29). On April 19, 2024, the Louisiana First Circuit Court of Appeal issued an opinion in which it affirmed the dismissal of the landowner’s claim for excess remediation based on implied lease obligations against BP America Production Company. See Louisiana Wetlands, LLC ..read more
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EPA Issues Civil-Criminal Enforcement Coordination Policy, Changing Approach to How It Handles Collaboration Between the Two Offices
The Energy Law Blog | Liskow & Lewis
by Sean Toomey, Greg L. Johnson and Colin North
3w ago
On April 17, 2024, the Environmental Protection Agency (“EPA”) issued a Civil-Criminal Enforcement Coordination Policy (“Policy”) that requires EPA’s civil and criminal enforcement offices to collaborate throughout the planning and enforcement process. This Policy, which is effective immediately, emphasizes EPA’s new approach to maintaining and strengthening the partnership between civil and criminal enforcement in an effort to provide clarity and consistency to those involved in the enforcement process. The Policy changes EPA’s previous approach to its enforcement program, which it states ha ..read more
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BOEM’s New Financial Assurance Requirements for Federal Oil & Gas Leases, ROWs, and RUEs
The Energy Law Blog | Liskow & Lewis
by Jana Grauberger, Kathleen L. Doody and Valkyrie "Kyrie" Buffa
1M ago
On April 15, 2024, the Bureau of Ocean Energy Management (“BOEM”) released a prepublication of its highly anticipated final rule revising financial assurance requirements for oil, gas, and sulfur operations on the federal outer continental shelf (“OCS”). The new rule – designed to ensure OCS decommissioning obligations (i.e., permanent plugging of wells, removal of platforms, facilities, and obstructions, and environmental remediation) are not borne by the federal government – requires an OCS lessee and/or grant holder provide supplemental financial assurance beyond base level amounts if BOEM ..read more
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Floor and Committee Action Today for Louisiana Carbon Capture Legislation
The Energy Law Blog | Liskow & Lewis
by Neil Abramson and Jeff Lieberman
1M ago
Three Carbon Capture & Storage (CCS) bills sponsored by Chairman Geymann are scheduled for a vote on the House Floor this afternoon:  HB 492 defines eminent domain authority for pipeline transportation related to CCS and provides a clear procedure for obtaining that eminent domain authority.  HB 492, however, removes existing eminent domain authority for storage operators relative to pore space rights, which is being replaced by unitization as set forth in another Chairman Geymann bill, HB 696. HB 696 by Chairman Geymann creates the authority for unitization of CCS reservoirs ..read more
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Liskow Secures Success on Summary Judgment Motion, Dismissing the Entirety of Plaintiffs’ Personal Injury Claims, with Prejudice
The Energy Law Blog | Liskow & Lewis
by Melanie Derefinko and Cherrell Simms Taplin
1M ago
Liskow lawyers Cherrell Taplin and Melanie Derefinko recently secured a ruling in their favor dismissing the entirety of Plaintiffs’ claims against Liskow’s client, ExxonMobil Product Solutions Company (“ExxonMobil”).  Gerren Jenkins, along with his wife and children, initiated the personal injury lawsuit against ExxonMobil, Gulf Intermodal Services, LLC, and Park Avenue Intermodal, LLC.  Read the full post on Liskow’s Gulf Coast Business Law Blog here. Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individ ..read more
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Louisiana Carbon Capture Legislation Moves Out of Committee
The Energy Law Blog | Liskow & Lewis
by Neil Abramson and Jeff Lieberman
1M ago
Three bills relating to Carbon Capture & Storage (CCS) projects sponsored by Chairman Geymann passed favorably out of the Louisiana House Committee on Natural Resources and Environment. The description of those bills can be found below: HB 492 by Chairman Geymann was originally filed to make a limited grammatical change to the eminent domain provision for CCS projects, but served as a placeholder bill for Chairman Geymann to make amendments during committee.  The amendments to HB 492 included important clarifications for eminent domain relative to transportation for CCS projects, pa ..read more
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EPA’s Proposed Rules for Regulating PFAS under the Resource Conservation and Recovery Act
The Energy Law Blog | Liskow & Lewis
by Colin North, Emily von Qualen, Clare M. Bienvenu and Greg L. Johnson
1M ago
On February 8, 2024, the Environmental Protection Agency (“EPA”) proposed two rules that would: (1) amend the regulatory definition of hazardous waste applicable to RCRA corrective actions to address releases from solid waste management units at treatment, storage, and disposal facilities (“TSD facilities”), and (2) add nine per- and polyfluoroalkyl substances (“PFAS”), their salts, and their structural isomers to the hazardous constituents list of RCRA. These proposed rules, if adopted, would provide EPA with a heightened authority to regulate PFAS. Definition of Hazardous Waste Applicable t ..read more
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Continued Progress: Latest Developments in Louisiana’s Carbon Capture Legislation
The Energy Law Blog | Liskow & Lewis
by Neil Abramson and Jeff Lieberman
1M ago
The Louisiana Legislative Session continues to address Carbon Capture and Storage (CCS) with several bills up for discussion by the Committee on Natural Resources tomorrow, Tuesday, April 9, at 9 a.m. The proposed bills touch upon unitization, eminent domain, liability concerns, and revenue dedication of CCS within the state. The descriptions of the five bills can be found below: HB 169 (Carter), provides relative to liability and damages resulting from carbon sequestration HB 492 (Geymann), provides relative to eminent domain HB 696 (Geymann), authorizes unitization for carbon dioxide seque ..read more
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