Bracewell & Giuliani



Powered by the attorneys of Bracewell & Giuliani, Energy Legal Blog® is your resource for updates and analysis on national and global energy issues.
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  1. Battles Continue Over Local Bans on Hydraulic Fracturing

    Monday, July 28, 2014 10:44 am by

    In towns across America, hydraulic fracturing continues to be a hot-button issue, with municipalities in at least twelve states adopting measures to ban hydraulic fracturing altogether on a temporary or permanent basis.  Recent developments in Texas, California, and Colorado demonstrate that battles continue over local bans on hydraulic fracturing. (more…)


  2. Environmental Regulations Impacting the Energy Industry – Summer 2014

    Friday, June 20, 2014 11:06 am by


  3. Supreme Court to Determine Whether Agencies Must Undergo Notice and Comment Prior to Changing an Interpretation

    Monday, June 16, 2014 2:07 pm by and

    The Supreme Court has agreed to hear a case that could have far-ranging implications for agency proclamations that impact the business community.  On Monday, June 16, 2014, the Supreme Court granted certiorari in Nickols v. Mortgage Bankers Assoc., No. 13-1052.  The Supreme Court will address “[w]hether agencies subject to the Administrative Procedure Act are categorically prohibited from revising their interpretative rules unless such revisions are made through notice-and-comment rulemaking.” (more…)


  4. EPA Must Uniformly Apply Air Aggregation Requirements

    Tuesday, June 3, 2014 8:30 am by , and

    EPA suffered a major loss on May 30 when the D.C. Circuit refused to uphold EPA’s attempt to narrow the ruling in the Summit aggregation case to only the states in the 6th Cir.  Reversing more than 20 years of EPA practice, the Summit case directed EPA to refrain from using interdependency or the functional interrelatedness of various sources when making a determination regarding whether to aggregate the emissions from those sources for NSR and Title V permitting purposes. 

    In December 2012 after the Summit decision was final, EPA issued a memo that said the Agency would only apply the Sixth Circuit’s Summit decision in the states of Kentucky, Tennessee, Ohio, and Michigan.  The memo was challenged by an industry trade association, the National Environmental Development Association (NEDA).  (more…)


  5. EPA Proposes Expansive Rule on Petroleum Refineries

    Friday, May 16, 2014 3:39 pm by and

    The U.S. Environmental Protection Agency has proposed an expansive rule that would impose additional requirements at petroleum refineries. The proposed rule (which spans 813 pages) is scheduled to be published in the Federal Register, and interested parties will have 60 days from publication to file public comments.

    The proposal is a response to a lawsuit from environmental and public health groups alleging that EPA missed statutory deadlines to review the existing refinery Maximum Achievable Control Technology (MACT) rules. EPA settled the litigation, agreeing to either propose additional regulations or propose a determination that additional regulations are not necessary. EPA has decided to propose additional regulations and is required to take final action on the proposal by April 17, 2015. (more…)


  6. Huffington Post Interview: Supreme Court Upholds EPA Rule on Air Pollution

    Friday, May 2, 2014 1:56 pm by


    On May 1, 2014, Bracewell partner Jeff Holmstead was interviewed in a live on-air chat by the Huffington Post, along with John Walke of the Natural Resources Defense Council (NRDC) and law professor Dan Farber of the University of California at Berkeley. The discussion focused on how the rule works and what the ruling means for coal-fired power plants.


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