The U.S. Court of Appeals for the Second Circuit, in the case of Constitution Pipeline Company, LLC v. New York Department of Environmental Conservation, et al. (released August 18, 2017), rejected the Constitution Pipeline Company, LLC ’s (Constitution) petition for review after the New York Department of Environmental Conservation (NYDEC) denied…
The Financial Crimes Enforcement Network (FinCEN) announced on August 22, 2017, that it is expanding its earlier Geographic Targeting Orders (GTO) that require U.S. title insurance companies to identify the natural persons who are behind shell companies used to buy high-end residential real estate. The GTOs now will include the…
On August 14, the U.S. Court of Appeals for the Fifth Circuit issued its opinion in the case of ExxonMobil Pipeline Company v. U.S. Department of Transportation. In May of 2013, ExxonMobil Pipeline Company’s (ExxonMobil) Pegasus Pipeline spilled several thousand barrels of oil near Mayflower, AK. The Pipeline and Hazardous Materials Safety Administration (Administration)…
On August 15, the U.S. Court of Appeals for the D.C. Circuit decided the case of Sierra Club v. U.S. Department of Energy. The Sierra Club challenged the U.S. Department of Energy’s (DOE) grant of a license to export liquefied natural gas (LNG) from new Texas LNG terminals and liquefaction facilities.…
On August 9, the U.S. Court of Appeals for the Fifth Circuit, in an unpublished opinion, decided the case of Friends of Lydia Ann Channel v. U.S. Army Corps of Engineers, vacating the preliminary injunction issued by the U.S. District Court for the Southern District of Texas in March of 2017. The injunction halted the operation of a barge mooring facility…
On August 15, the U.S. Court of Appeals for the Tenth Circuit decided the case of Sinclair Wyoming Refining Company, et al., v. U.S. EPA. In a split decision, the Tenth Circuit vacated a final order of the Environmental Protection Agency (EPA) which denied the plaintiff small refiners’ request for an exemption from…
On August 11, the U.S. Court of Appeals for the Fifth Circuit decided the case of BC Ranch II, LP, et al., v. Commissioner of Internal Revenue, which involved charitable tax deductions based on the creation of conservation easements. After reviewing the record, the Fifth Circuit, in a split decision,…
On August 2, 2017, the California Governor’s Office of Planning and Research (“OPR”) released its first update to the General Plan Guidelines (the “Guidelines”) since 2003. The Guidelines provide guidance to cities and counties throughout California on the preparation and content of their General Plans, which govern land uses and…
The Texas Legislature meets every two years, and, as befits a large state with varied interest and concerns, typically enacts hundreds of new laws during these sessions. The 85th Regular Session of the Legislature has concluded, and over 1000 laws, dealing with matters large and small were passed and signed…
On August 10, the U.S. Court of Appeals for the Ninth Circuit decided the case of ASARCO LLC v. Atlantic Richfield Company, which involves the ongoing liability to clean up the East Helena Superfund Site, located “in and around an industrial area in Lewis and Clark County, Montana.” The Ninth Circuit, vacating…