News & Analysis as of

Railways Oil & Gas

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

Carlton Fields

Supreme Court Ruling Speeds Environmental Reviews, Limits Legal Challenges to Energy Projects

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On May 29, 2025, the U.S. Supreme Court issued a decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, a case concerning the National Environmental Policy Act (NEPA) that limits judicial review of...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

McGlinchey Stafford

SCOTUS Reins in NEPA Scope in Seven County

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In a landmark ruling issued May 29, 2025, the U.S. Supreme Court unanimously reversed the D.C. Circuit in Seven County Infrastructure Coalition v. Eagle County, Colorado, sharply limiting the scope of environmental review...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Limits Scope of NEPA Reviews, Reinstates Approval of Uinta Basin Railway

In a highly anticipated decision for project developers and permitting agencies, the U.S. Supreme Court reversed the D.C. Circuit’s 2023 decision that had invalidated federal approval of the Uinta Basin Railway. In Seven...more

Troutman Pepper Locke

One-Track Mind: Unanimous SCOTUS Decision on Rail Line Approval Further Narrows Scope of NEPA

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On May 29, the Supreme Court issued a unanimous opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado that dramatically changes the way courts scrutinize federal agencies’ environmental reviews under the...more

Troutman Pepper Locke

New Texas Railroad Commission Rules: Challenges and Permitting for the E&P Industry

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On December 17, 2024, the Railroad Commission of Texas (RRC) adopted new comprehensive regulations governing the handling, storage, treatment, and disposal of oil and gas waste. The rules were published January 3, 2025, in...more

Houston Harbaugh, P.C.

The Neale Rule – Who Really Owns the Oil and Gas Under Railroads?

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Since the early 1900’s, your family has owned a 105 acre farm in Greene County, Pennsylvania. In 2024, you and your siblings sign an oil and gas lease with XYZ Drilling Company. The language in the lease states that it...more

K&L Gates LLP

LNG by Rail Rule Suspension

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The US Department of Transportation (USDOT) is suspending a rule that allows liquefied natural gas (LNG) to be transported by rail in specialized tank cars, starting 31 October 2023. This final rule overturns a Trump-era rule...more

Opportune LLP

Tales From The Front Line: 4 Lessons Learned From A Former NGL Scheduler

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They are on the front lines of daily logistics—the unsung heroes behind the scenes in the energy supply chain who get in early, stay late and typically work odd hours scheduling and coordinating daily and monthly product...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, Volume 6, Issue 12

● Offshore Oil and Gas at Risk of Potentially Catastrophic Cyberattack: GAO - “The industry includes about 1,600 offshore oil and gas facilities that are highly dependent on remotely connected operational technology, the...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

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: SCOTUS Further Clarifies Alien Tort Statute; Revisiting WOTUS

What follows is a brief account of some of the notable U.S. environmental and administrative law cases recently decided. THE U.S. SUPREME COURT - Article II, Section 2 of the Constitution vests the President, with the advice...more

Holland & Knight LLP

PHMSA Issues Final LNG By Rail Regulation

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The U.S. Department of Transportation's (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued on June 19, 2020, its Final Rule for publication in the Federal Register. Once the Final Rule takes effect 30...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

Flaster Greenberg PC

Canada's Rail System Shuts Down Over Gas Pipeline Protest - Will The United States Be Next?

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People in the United States who wonder how far pipeline protests can go, and how disruptive they can be, need only look north to Canada. As this article is written, much of the national Canadian rail system has been shut down...more

Opportune LLP

Thinking Outside the Box: Unconventional Supply Chain Planning

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When you think of your supply chain, what do you consider? For a traditional downstream refiner, you may include pipeline, truck, rail and vessel logistics. You may think about where inventory is stored. Do you have a picture...more

Hogan Lovells

PHMSA proposes new rule authorizing the transport of LNG by rail

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Draft CFIUS Regulations Portend Evolution, Not Revolution

On September 17, 2019, the Department of the Treasury, on behalf of the Committee on Foreign Investment in the United States (CFIUS or Committee), issued two sets of proposed regulations seeking to further implement the...more

Perkins Coie

CEQA Year In Review 2018

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2018

The 'Trump Effect' is Slowing International Progress on Climate Change, Think Tank Warns - "The report from the Institute of International and European Affairs ("IIEA") considered the impact President Donald Trump was...more

Downey Brand LLP

First Appellate District Upholds Several Aspects of the EIR Prepared for Phillips 66 Efforts to Enhance Recovery of Petroleum...

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In a March 2018 decision, the First Appellate District examined several CEQA issues pertinent to petroleum refining and hazardous materials transport. In Rodeo Citizens Association v. County of Contra Costa, the appeals court...more

Blake, Cassels & Graydon LLP

Canada Proposes New Regulations to Strengthen Rail Security for the Transportation of Dangerous Goods

On June 24, 2017, the federal government proposed new regulations under the Transportation of Dangerous Goods Act, entitled the Transportation of Dangerous Goods by Rail Security Regulations (Rail Security Regulations). The...more

Gray Reed

Did This “Deed” Convey Fee Simple or an Easement?

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BNSF v. Chevron Midcontinent LP et al. asked whether a 1903 deed granted BNSF’s predecessor a strip of land in fee simple absolute or only an easement. The result: BNSF holds only an easement. There’s more to the case than an...more

Hogan Lovells

French Legal and Regulatory Update - January 2017

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The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for January 2017. 1. Audovisual...more

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