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Articles Posted in Environmental

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Texas Supreme Court Holds Anadarko May Be Able to Recover Substantial Deepwater Horizon Defense Costs from Insurers

On January 25, the Texas Supreme Court issued a unanimous ruling in the case of Anadarko Petroleum Corp. and Anadarko E&P Co. v. Houston Cas. Co., et al., characterized as an “interlocutory permissive appeal,” reversing the decision of the U.S. Court of Appeals for the Ninth Circuit, sitting in Beaumont, TX, regarding Anadarko’s…

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BSEE Requests Comments on Potential Impacts of Decom-in-Place on the OCS

Recently, our colleagues Amanda Halter, and Ashleigh Acevedo published their Client Alert titled BSEE Decommission-in-Place Discussions Present Opportunity discussing the Department of Interior’s Bureau of Safety and Environmental Enforcement’s (BSEE) Request for Information Regarding Potential Impacts of Decommissioning-in-Place of Pipeline-Related Infrastructure in Deepwater.  Takeaways include: BSEE is asking for input on technical,…

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Bills of Note Passed by the Last Congress (2019)

There were 442 bills passed by the 115th Congress and signed by the President. Most of these new laws have attracted very little attention, so it may be helpful to review a few of them. The list below provides a glimpse into the myriad issues that face each Congress, and…

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CO Supreme Court Held Colorado Oil and Gas Conservation Commission Properly Declined to Engage in Rulemaking Proposed by Environmental Activists

On January 14, the Colorado Supreme Court issued a unanimous opinion that the Colorado Oil and Gas Conservation Commission (Commission) properly declined to undertake a rulemaking proceeding that was designed to preclude the Commission from issuing new permits unless the “best available science,” as confirmed by the findings of an independent…

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SCOTUS Will Review Ninth Circuit Ruling in Newton v. Parker Drilling Mgmt. Serv., Ltd.

Today, the U.S. Supreme Court confirmed that it will review the U.S. Court of Appeals Ninth Circuit’s February 2018 ruling in Newton v. Parker Drilling Management Services, Ltd. which held that California’s wage and hour laws can apply to  claims made by workers employees on Outer Continental Shelf (OCS) platforms…

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Green New Deal – Full Language – www.gp.org

Here’s the visionary “Green New Deal” of the Green Party, apparently drafted sometime in 2016 and which has attracted some support. The centerpiece of this program is the transition to a 100% clean, renewable energy base. These ideas are generating some comment. The plan would eliminate “non-essential individual means of…

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Sixth Circuit Holds that Some Official Actions Taken in the “Flint Water Crisis” Could Be Constitutional Due Process Violations

In what the Court of Appeals describes as “the infamous government-created environmental disaster known at the Flint Water Crisis,” a panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that some of the government personnel responsible for this disaster may be liable, under 42 U.S.C. § 1983,…

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Solicitor General’s Views to Supreme Court on Two Circuit Court Rulings that Groundwater Can be Considered “Waters of the United States”

On December 3, 2018, the U.S. Supreme Court invited the Solicitor’s views on the contested issues whether discharges to groundwater are subject to an he National Pollutant Discharge Elimination System (NPDES) permit, and whether there is an “ongoing violation” of the Clean Water Act for Citizen Suit jurisdiction when the source…

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Ninth Circuit Clears the Way for Review of Oregon District Court’s Rulings in Controversial Climate Change Case

On December 26, a divided panel of the U.S. Court of Appeals for the Ninth Circuit accepted an interlocutory appeal of the presiding District Court’s pre-trial rulings in the novel climate change case that is being tried in Oregon. The case is Juliana, et al. v. United States of America.…