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.
WE KNOW ENERGY®
  1. Recent Developments in Regulation of Oil and Gas NORM

    Wednesday, January 28, 2015 1:12 pm by and

    Federal and state regulators are considering new rules applicable to naturally occurring radioactive material (NORM) and technologically-enhanced NORM (TENORM) in oil and gas waste.  We discuss some of the most recent and expected developments below.

    Pennsylvania

    PADEP TENORM Study

    On January 15, 2015, PADEP released the results of its TENORM study, which focused on quantifying TENORM associated with oil and gas drilling in Pennsylvania.  PADEP’s study examined the full spectrum of potential exposure pathways, from well sites, to wastewater treatment plants and landfills, to gas distribution and end use.  While PADEP’s overall observation from the study was that there is “little potential” for radiation exposure from oil and gas development, the agency recommends additional study that could lead to additional regulations or a change in practices.  Some of PADEP’s recommendations moving forward are set forth below: (more…)


  2. FERC Policy Proposal – More Modernization Trackers?

    Friday, November 21, 2014 4:27 pm by and

    At its November 20, 2014 meeting, FERC issued a policy proposal to facilitate the recovery of the costs associated with improving pipeline safety and reducing emissions.  Recognizing the fact that several pipeline safety and environmental initiatives will be facing the natural gas industry in the coming months, FERC suggests that pipelines and customers could work together to develop a tracker (e.g., a surcharge on base rates) that recovers those costs associated with pipeline safety and environmental compliance.  Because a modernization and safety tracker could be developed faster than establishing a cost recovery mechanism through the traditional rate case process, FERC reasons that pipelines may be incentivized to undertake the upgrades.  (more…)


  3. Pleasing No One, Fish and Wildlife Service Lists the Gunnison Sage-Grouse as Threatened

    Wednesday, November 12, 2014 3:49 pm by and

    In the latest listing driven by a huge July 2011 settlement with environmental NGOs, the U.S. Fish and Wildlife Service earlier today announced it would list the Gunnison sage-grouse as threatened under the Endangered Species Act (ESA).  The listing comes in the face of objections from both sides.  Colorado’s Governor and both its senators – all Democrats – had worked hard to prevent the listing, while environmentalists warned in advance that they would sue over a threatened listing, demanding that the bird be listed as endangered, not just threatened. (more…)


  4. Sackett Two Years Later: Wetland Jurisdictional Determinations Still Not Appealable

    Thursday, September 25, 2014 10:35 am by

    When the U.S. Supreme Court decided in Sackett v. EPA that Environmental Protection Agency (EPA) wetland compliance orders were appealable, one question was how far would other courts extend the Supreme Court’s reasoning? Two years later, the answer is becoming clear on at least one front: courts continue to hold that wetland jurisdictional determinations are not appealable.  In Belle Company v. U.S. Army Corps of Engineers, the Fifth Circuit was the latest court to say so. (more…)


  5. EPA Considering Major Changes to Risk Management Program

    Monday, August 11, 2014 12:49 pm by and

    Spurred by several recent industrial incidents, both onshore and offshore, the U.S. Environmental Protection Agency has announced several potential revisions to its Clean Air Act Risk Management Program (RMP) regulations.  The RMP program Request for Information (2014 RMP RFI) contemplates a vast array of changes that could, on the one hand, increase the number of sources regulated, e.g., the addition of ammonium nitrate as a regulated substance; and on the other, increase the costs of those sources currently regulated, e.g., mandatory third-party audits, installation of automated detection and monitoring systems.

    Other proposed changes could be controversial or simply difficult for sources to integrate, e.g., mandatory root cause investigations, siting requirements, mandatory disclosure of chemicals and accident history for the facility.  At this time, EPA indicates that it is not committed to undertaking a rulemaking and that it is engaged only in information gathering to assess whether changes to the RMP are necessary.  Comments on the RFI must be received by October 29, 2014.  (more…)


  6. 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…)


Recent Posts

Archives

Sign Up For Updates

Enter your email address:

Delivered by FeedBurner