News & Analysis as of

Railroads Oil & Gas

Troutman Pepper Locke

Well, Well: Outlook for CCUS Projects in Texas Improves as EPA Proposes to Delegate Permitting Authority and the Texas Supreme...

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On June 17, the Environmental Protection Agency (EPA) published a proposed rule to approve Texas’s application for primary permitting and enforcement responsibility (primacy) for carbon dioxide (CO2) sequestration wells...more

Moore & Van Allen PLLC

Course Correction: U.S. Supreme Court Removed Roadblock for Railroad Construction Project, Requiring Substantial Deference to...

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A "Course Correction" of NEPA Review - In an 8-0 judgment, the U.S. Supreme Court recently struck down the D.C. Circuit Court of Appeals decision that had vacated the U.S. Surface Transportation Board’s (the “Board”)...more

Jones Day

U.S. Supreme Court Instructs Courts to Provide "Substantial Deference" to Agencies in NEPA Cases

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On May 29, 2025, the U.S. Supreme Court decided Seven County Infrastructure Coalition v. Eagle County, clarifying the standards for judicial review of challenges to agency action under the National Environmental Policy Act...more

Quarles & Brady LLP

SCOTUS Unanimously Limits Scope of NEPA in Major Infrastructure Ruling

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Seven County Infrastructure Coalition et al. v. Eagle County, Colorado, et al. The U.S. Supreme Court recently clarified the scope of federal agency review requirements under the National Environmental Policy Act (“NEPA”)...more

Womble Bond Dickinson

Seven County Infrastructure Coalition v. Eagle County: A Turning Point For The National Environmental Policy Act

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Last week, the Supreme Court issued its eagerly awaited National Environmental Policy Act decision in Seven County Infrastructure Coalition v. Eagle County. We were not disappointed. ...more

Baker Botts L.L.P.

Pruning NEPA’s Branches: The Supreme Court Reshapes Environmental Reviews for Major Actions

Baker Botts L.L.P. on

Over the last half century, federal courts have interpreted the National Environmental Policy Act (NEPA) to require federal agencies to study an ever-growing range of indirect effects and impacts when approving large...more

Vinson & Elkins LLP

Supreme Court Curbs the Scope of NEPA Reviews in Landmark Decision: Seven County Infrastructure Coalition v. Eagle County,...

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In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v....more

Allen Matkins

“A Course Correction”: Supreme Court Reinforces Agency Deference and Narrows the Scope of Environmental Effects that Agencies Must...

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On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they carry out, fund, or approve — does not...more

Holland & Knight LLP

The Path to Class VI Primacy in Texas: MOA Reveals State and Federal Priorities for Program

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Stakeholders following developments in states obtaining primary authority for implementation and enforcement of permitting of carbon storage and sequestration wells, take notice. With a recent Memorandum of Agreement between...more

Winstead PC

Texas Railroad Commission’s New Environmental Rules: A Step Toward Sustainability or Business as Usual?

Winstead PC on

In 1984, while Ronald Reagan was securing a landslide reelection and Apple introduced the Macintosh, the Railroad Commission of Texas (RRC) last updated the state’s primary oil and gas waste regulations. Now, four decades...more

Hogan Lovells

TSA rule would require cyber risk management for railroads, buses, and pipeline operators

Hogan Lovells on

On November 6, 2024, the Transportation Security Administration (TSA) published a Notice of Proposed Rulemaking (NPRM) that would mandate cyber risk management and reporting requirements for certain surface transportation...more

Jones Day

TSA Releases Proposed Rule to Enhance Pipeline and Railroad Cyber Risk Management

Jones Day on

The Transportation Security Administration's ("TSA") proposed rule would require owners and operators of certain pipeline, freight railroad, passenger railroad, rail transit, and over-the-road bus ("OTRB") systems to...more

Saul Ewing LLP

U.S. Supreme Court to Review Whether NEPA Requires Agencies to Consider Environmental Effects Beyond the Proximate Effects of...

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On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act...more

Opportune LLP

Shocking The Supply Chain: How The Threat Of Rail Strikes Exposes The Weakness Of Logistics

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Over the past few years, we’ve faced and weathered tough crises—from COVID to war to inflation—each one disrupting some aspect of the supply chain. Earlier this month there was another shock to the system which thankfully...more

Jackson Walker

Three Key Provisions in New “Weatherization” Rules by Railroad Commission of Texas

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In the aftermath of Winter Storm Uri, the Texas Legislature in Senate Bill 3 (2021) required the Railroad Commission of Texas to adopt rules requiring certain pipeline facility operators to weatherize equipment in order to...more

King & Spalding

New Railroad Commission of Texas Rules for Natural Gas Infrastructure

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Texas regulators recently took additional steps in an effort to prevent another catastrophic loss of power like that experienced during Winter Storm Uri in February 2021. On November 29, 2021, the Railroad Commission of Texas...more

Hogan Lovells

PHMSA issues NPRM to temporarily suspend transport of LNG by rail

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On 8 November 2021, the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Notice of Proposed Rulemaking (NPRM) to propose a temporary suspension of transport...more

Gray Reed

How Will the Texas Railroad Commission Address Gas Flaring?

Gray Reed on

Gas flaring, especially in the Permian and the Eagle Ford, is coming in hot these days at the Texas Railroad Commission. Presented here are viewpoints from several stakeholders in the discussion. My comments are summaries....more

Foley & Lardner LLP

Texas Railroad Commission Weighs Production Cuts

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The Texas Railroad Commission (state agency that regulates the Texas oil and gas industry) has held two hearings to discuss production demand and proration. The Railroad Commission (RCC) announced formation of a task force...more

Jackson Walker

Railroad Commission of Texas Considers Public Comments and Potential Next Steps with Request for Market-Demand Proration of Oil...

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On April 14, 2020, the Railroad Commission of Texas (RRC) conducted a conference on the application of Pioneer Natural Resources USA, Inc. and Parsley Energy, Inc. for market-demand proration of oil production in Texas. The...more

Jackson Walker

Railroad Commission of Texas to Consider Market-Demand Prorationing of Oil Production

Jackson Walker on

On April 14, 2020, the Railroad Commission of Texas (RRC) will conduct an initial public conference to consider the joint application of Pioneer Natural Resources USA, Inc. and Parsley Energy, Inc. for market-demand...more

Holland & Knight LLP

PHMSA Considering Recommendations for Transport of LNG By Rail

Holland & Knight LLP on

According to a recent filing,1 the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) is considering recommendations to increase the outer tank shell for the DOT-113 tank car in...more

Hogan Lovells

PHMSA proposes new rule authorizing the transport of LNG by rail

Hogan Lovells on

The U.S. Department of Transportation's (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) to authorize the transport of liquefied natural gas (LNG) by...more

Allen Matkins

California Environmental Law & Policy Update - July 2019 #3

Allen Matkins on

Focus - Four automakers reach deal with California to increase fuel efficiency standards - The Washington Post – July 25 - Ford, Honda, Volkswagen, and BMW - major automakers with a combined 30 percent of the U.S....more

Holland & Knight LLP

PHMSA Seeks Public Comment on LNG by Rail Assessment

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On June 6, 2019, the Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation (PHMSA) announced the availability for comment of its draft Environmental Assessment for a Special Permit to...more

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