News & Analysis as of

Environmental Litigation Natural Gas

Beveridge & Diamond PC

A Fifth Circuit Case on BACT Reflects Trend in Citizen Opposition to Gulf Coast Projects

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Last week, the U.S. Court of Appeals for the Fifth Circuit upheld the Texas Commission on Environmental Quality’s (TCEQ) issuance of an amended New Source Review (NSR) air permit to multinational joint-venture Port Arthur...more

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

Liquid Natural Gas Plant/Clean Air Act: Fifth Circuit Court of Appeals Addresses Challenge to Texas Commission on Environmental...

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in an August 12th Decision a challenge to a Clean Air Act Prevention of Significant Deterioration (“PSD”) Permit issued by the Texas...more

Houston Harbaugh, P.C.

You Can’t Have Two Main Characters

Houston Harbaugh, P.C. on

In a June 13, 2025 decision, the Pennsylvania Commonwealth Court held that a municipality impermissibly granted conditional use approval to an oil and gas well pad and interconnect facility on tax lots that were already...more

Holland & Knight LLP

Up in the Air: SCOTUS Creates New Venue Test for Clean Air Act Cases

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The U.S. Supreme Court issued a pair of decisions in EPA v. Calumet Shreveport Refining and Oklahoma v. EPA on June 18, 2025, resolving two related circuit splits regarding proper venue for challenging certain U.S....more

K&L Gates LLP

D.C. Circuit Vacates PHMSA's LNG-by-Rail Rule

K&L Gates LLP on

On 17 January 2025, the D.C. Circuit Court of Appeals vacated a 2020 Pipeline and Hazardous Materials Safety Administration (PHMSA) rule—the “Hazardous Materials: Liquefied Natural Gas by Rail Rule” (the LNG-by-Rail...more

Blank Rome LLP

LNG by Rail: The D.C. Circuit Vacates a DOT Rulemaking and Outlines a Path for Challenges Yet to Come

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In Sierra Club v. United States Dep’t of Transportation, a panel of the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated and remanded a final rule issued by the Department of...more

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

Citizen Suit Action/RCRA: Conservation Law Foundation Alleges Violations by Natural Gas Pipeline System

The Conservation Law Foundation, Inc. filed a citizen suit Complaint in the United States District Court of Massachusetts on November 12th alleging violations by the following: Besides the Conservation Law Foundation, the...more

Verrill

Can Building Codes Ban Natural Gas After 9th Circuit Court Declines Rehearing?

Verrill on

The 9th Circuit Court of Appeals’ refusal to rehear a pivotal gas appliance regulation decision has thrown a wrench into local efforts to reduce fossil fuel use....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: V 7, Issue 5, May 2023

An Uncertain Future for Nuclear Generation - As countries and companies around the world set goals for renewable energy targets, there is constant uncertainty as to the best path for reaching these goals. While wind and...more

(ACOEL) | American College of Environmental...

The Berkeley Ban Is Not the Only Answer

As Seth Jaffe posted last week, the 9th Circuit recently struck down the City of Berkeley’s first-in-the-nation electrification ordinance that prohibited the installation of gas infrastructure in new buildings, finding the...more

Foley Hoag LLP - Environmental Law

The D.C. Circuit Again Requires FERC to Consider the Environmental Impacts of Downstream Use of Gas: How Big a Deal Is It?

Last week, the District of Columbia Court of Appeals again rejected a FERC NEPA review for failure to assess the climate impacts resulting from the downstream use of natural gas supplied by a gas pipeline upgrade project...more

Downey Brand LLP

Biden’s Inauguration Day Executive Order on Environment and Energy Regulation

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On his first day in office on January 20, 2021, President Biden signed an Executive Order titled, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” (the Order). The Order...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 39, October 2020

Mountain Valley Says Natural Gas Pipeline Timing Depends on Litigation, U.S. Approvals - “'As the litigation process progresses and as we receive additional information from FERC regarding potentially releasing the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 31, August 2020

Exxon Mobil: Doubling Down While Facing Peak Oil Demand - "With most competitors pivoting away from upstream growth, Exxon continues to press ahead with investments despite very challenging current price environment for...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020 #4

Fossil Fuels Still Supply 84 Percent of World Energy — and Other Eye Openers from BP’s Annual Review - "China was responsible for three quarters of the world’s energy consumption growth, followed by India and Indonesia....more

Bricker Graydon LLP

[Webinar] Environmental Permitting Appeals and Pipeline Construction: Are the circuit courts the new environmental review courts?...

Bricker Graydon LLP on

Bricker attorneys Frank Merrill and Christine Rideout Schirra will be presenting 'Environmental Permitting Appeals and Pipeline Construction: Are the circuit courts the new environmental review courts?' for the Institute of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2020

Industry Expert Insights - We reached out to one of our Lex Mundi partners and a well-known expert in the United Arab Emirates in the energy and legal industries to get his thoughts on the current energy climate. ...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2018 #3

Energy Companies to Appeal Loss of Forest Service Permit for Atlantic Coast Pipeline - "The builders of the $7 billion Atlantic Coast Pipeline say they will appeal a federal court ruling that invalidated a permit allowing...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - November 2018

New York Sues Exxon Mobil, Saying It Deceived Shareholders on Climate Change - "The litigation, which follows more than three years of investigation, represents the most significant legal effort yet to establish that a...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2018 #4

The U.S. Supreme Court Slows Children's Climate Lawsuit - For Now - "In the latest step of a fascinating bit of constitutional law called Atmospheric Trust Litigation, the Chief Justice halted the District Court trial...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018

U.S. Army Corps Stands by Permit for Dakota Access Oil Pipeline - "The U.S. Army Corps said that a permit it granted for the Dakota Access Pipeline last year was environmentally sound, handing a setback to tribal and green...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - January 2018 - Issue 3

Northeast Could be Second U.S. Petrochemical Hub - "'While the region with its ample and reliable supply of ethane is primed for the emergence as a second major petrochemical manufacturing hub in the United States, it...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2017 #3

Department of Interior Rescinds OSM Enforcement Policies - On October 12, 2017, the Department of the Interior ("DOI") withdrew two prior Office of Surface Mining ("OSM") policies affecting mining operations. DOI rescinded...more

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