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Clean Water Act Oil & Gas Natural Gas

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401/Clean Water Act: Energy Marketers of America (formerly PAA) EPA Requests for Comments Addressing Implementation

The trade association Energy Marketers of America (“EMA”) (formerly, Petroleum Association of America) submitted August 6 comments to the United States Environmental Protection Agency (“EPA”) addressing: Establishment of...more

Steptoe & Johnson PLLC

President Trump Signs Energy Executive Orders on Day One of Administration

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On January 20, 2025, newly sworn-in President Donald Trump signed several executive orders related to energy policy. In the most comprehensive order, the administration declared a national energy emergency, the purpose of...more

Flaster Greenberg PC

President Trump’s First Energy Move

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When he assumes office again on January 20, 2025, newly reelected President Donald J. Trump can make one move regarding energy that not only will facilitate the increased availability of domestic oil and gas production but...more

Troutman Pepper Locke

D.C. Circuit upholds FERC orders granting natural gas pipeline companies’ requests to extend project deadlines.

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The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit...more

Flaster Greenberg PC

Marcellus Shale Update: Energy Remains an Important Electoral Issue Even in “Safe” States Like New York: Law Firm, Attorneys

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Now less than one month before Election Day, the New York Governor's race is far closer than most had anticipated. Incumbent Democrat Kathy Hochul, who succeeded Andrew Cuomo following his resignation, is being pressed by...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Nationwide Permit 12/Oil or Natural Gas Pipeline Activities: Republican Senators Announce Opposition to U.S. Corps of Engineers...

Ranking Environment and Public Works Committee Member United States Senator Shelley Moore Capito and other Republican Senators sent an April 20th letter to the Assistant Secretary for the Army for Civil Works of the United...more

Bracewell LLP

Army Corps Issues Notice of Nationwide Permit 12 Review and Seeks Stakeholder Input

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On March 24, 2022, the Department of the Army and the U.S. Army Corps of Engineers (“Corps”) (collectively “Army”) announced their intent to publish a Notice (the “Notice”) in the Federal Register initiating a formal review...more

Allen Matkins

California Environmental Law & Policy Update - September 2021 #3

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Kern County sues Governor Newsom over oil and gas development permits - Courthouse News Service – September 13 - Kern County, California’s largest oil and gas producing county, claims in a federal lawsuit filed on...more

Troutman Pepper Locke

Second Circuit Enforces the Clean Water Act Section 401 One-Year Time Limit

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On March 23, the Second Circuit issued its opinion in N.Y. Dep’t of Enviro. Conservation v. FERC, Case No. 19-1610 (i.e., the “Empire Pipeline” case). The case concerns the Federal Energy Regulatory Commission’s (FERC or...more

Troutman Pepper Locke

FERC Establishes Water Quality Certification Waiver Period for Natural Gas Projects

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On March 18, 2021, FERC issued a Final Rule amending its regulations to establish a one-year period for states, tribes, or other certifying authorities (“Certifying Agencies”) to act on a Clean Water Act (“CWA”) Section 401...more

Morgan Lewis - Power & Pipes

FERC Modifies Water Quality Certification Waiver Period for Gas Projects

FERC issued a final rule on March 18 amending its regulations to establish a one-year period for state agencies or other certifying authorities to act on requests for water quality certifications required for a certificate of...more

Pillsbury Winthrop Shaw Pittman LLP

Energy 2021: USA

Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more

Troutman Pepper Locke

Corps Proposes to Modify Nationwide Permit 12 to Simplify Pre-Construction Notification for Pipelines

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On September 15, 2020, the United States Army Corps of Engineers (Corps) issued its “Proposal to Reissue and Modify Nationwide Permits” (Proposed Rule). Under Section 404 of the Clean Water Act and Section 10 of the Rivers...more

(ACOEL) | American College of Environmental...

When States Get Serious About Phasing Out Natural Gas

A decision issued on May 15 by the New York Department of Environmental Conservation (DEC) denying approvals for a new natural gas pipeline is sending shivers through the energy industry. Though the decision was based...more

Flaster Greenberg PC

Marcellus Shale Update: By Coronavirus, New York’s Pipeline Politics Ensure A Tougher Second Round

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Approximately 30% of all confirmed coronavirus cases in the United States have been reported in the New York City metropolitan area, which is located mainly in southeastern New York state and northeastern New Jersey. Last...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2020 #4

Industry Expert Insights - We reached out to a well-known expert in Mexico in the energy and legal industries to get his thoughts on the current energy climate. Juan Serra is a partner in the Mexico City office of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - February 2020

The Insanity is Over: ‘Navigable’ Now Means ‘Navigable’ Again - "The Trump administration has now announced that the intentionally ambiguous and easily abused Waters of the United States Rule has been replaced by the new,...more

Flaster Greenberg PC

Marcellus Shale Update: The Marcellus Shale Region: 2019 Year in Review

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2019 was the year in which reality smacked the Marcellus Shale Basin in the face. Long held assumptions about asset valuation and infrastructure development fell apart. By year’s end, some of the most famous names in the...more

Holland & Knight LLP

Why EPA’s Clean Water Act Section 401 Guidance Will Have No Practical Impact on Pipeline Projects

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The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more

Flaster Greenberg PC

Marcellus Shale Update: Pacific Dreams & Nightmares

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By a vote of 17-11, the Oregon State Senate last week just passed a five-year moratorium on fracking in that State. The Senate bill cut in half a 10-year moratorium passed in March by the Oregon House of Representatives, but...more

Sheppard Mullin Richter & Hampton LLP

FERC Holds the Line on One-Year Limit for State Review of Clean Water Act Certifications for Interstate Natural Gas Pipelines

On April 2, 2019, the Federal Energy Regulatory Commission (“FERC” or “Commission”) determined that the one-year statutory limit on state review of interstate natural gas pipeline company applications for water quality...more

Morgan Lewis

Federal Courts Continue to Define State Permitting Authority Affecting Interstate Pipeline Projects

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The US Supreme Court has denied a petition for certiorari filed by the Delaware Riverkeeper Network, which challenged a decision by the US Court of Appeals for the Third Circuit concerning Pennsylvania’s water quality...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #4

Judge Delivers Major Setback to Trump Policy to Increase Coal Mining on Federal Land - "But the court ruling does say that the 2017 Trump administration policy, enacted by former Interior Secretary Ryan Zinke, to overturn...more

WilmerHale

Infrastructure Risks and Opportunities

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This is the third issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Natural Gas Pipeline/Clean Water Act: Federal Appellate Court Addresses Challenge to New York Denial of 401 Certification

The United States Court of Appeals for the Second Circuit (“Court”) addressed in a February 5th Summary Order (“Order”) the New York State Department of Environmental Conservation’s (“NYDEC”) denial of a Section 401 Clean...more

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