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HTMLFERC, D.C. Circuit Reject Recent Challenges to Gas Pipeline Development
Erica E. Youngstrom; Jones Day;
Legal Alert/Article
September 14, 2015, previously published on September 2015
Landowners and environmental groups are bringing increasingly sophisticated challenges to gas pipeline projects and sometimes succeed in delaying development, but in recent cases they have ultimately lost on the merits. The latest setback for pipeline opponents came in July in Gunpowder Riverkeeper...

 

HTMLWhether a Developer may Request Conditional Approval of Environmental Impact Assessment Based on the Environmental Protection Strategies Whose Efficacy Only can be Proved After Operation Commences
Patrick Chen; Lee Tsai Partners Attorneys-at-Law;
Legal Alert/Article
September 11, 2015, previously published by In the event that such decision is upheld by the Supreme Administrative Court, the impact on developers will lie in the requirement that a developer should explain in great detail to EIS authority about the environmental protection strategies and their efficacy in prevent and mitigating environmental impact in items such as "all kinds of relevant plans and current environmental circumstances within the scope of potential impact of development acts," "potential environmental impact that is expected from development acts" or "environmental protection strategies and alternative proposals" in the first stage of EIS. In addition, the efficacy of such strategies should be proved before the approval. It may become difficult to request the EIS authority to approve the development by "executive conditions" based on environmental strategy whose efficacy cannot be proved until operation commences.
Whether a developer may request conditional approval of environmental impact assessment based on the environmental protection strategies whose efficacy only can be proved after operation commences

 

HTMLFERC Releases Status Update for Alaska LNG Project; Alaska Governor Identifies Issues Needing Resolution
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2015, previously published on September 10, 2015
FERC has released an update on the status of its environmental review of the proposed Alaska LNG Project consisting of an 800-mile pipeline to access North Slope gas supplies and liquefaction facilities and an LNG export terminal to be located near Nikiski in southeastern Alaska. FERC currently is...

 

HTMLProposed Brownsville, Texas LNG Projects Face Local Citizen Opposition
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2015, previously published on September 10, 2015
Hundreds of Brownsville, Texas area citizens have submitted comments to FERC, mostly as form letters, opposing LNG export terminal projects on the Brownsville Ship Channel proposed by Rio Grande LNG, LLC, Annova LNG Brownsville, LLC, and Texas LNG Brownsville, LLC. The comments cite mostly...

 

HTMLUpdate 2 on WOTUS
James W. Potter; Nexsen Pruet, LLC;
Legal Alert/Article
September 10, 2015, previously published on September 9, 2015
The federal district judge in North Dakota who granted an injunction to thirteen states for changes to the scope of the jurisdiction of the Clean Water Act has refused to expand his injunction nationwide. EPA has stated that it will only respect the injunction in the thirteen states granted...

 

HTMLVenture Global Calcasieu Pass Files FERC LNG Export Project Application
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 9, 2015, previously published on September 8, 2015
Venture Global Calcasieu Pass, LLC, and TransCameron Pipeline, LLC, have filed an application with FERC to construct and operate an LNG export terminal along the Calcasieu Ship Channel in Cameron Parish, La., and an interconnected pipeline. The terminal is designed with a nameplate liquefaction and...

 

HTMLU.S. District Court Preliminarily Enjoins EPA and ACOE "Waters of the United States" Final Rule
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
September 8, 2015, previously published on September 8, 2015
On August 27, 2015, a federal district judge in North Dakota preliminarily enjoined the final rule of the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (ACOE), titled "Clean Water Rule: Definition of Waters of the United States," which was set to take effect...

 

HTMLCoop Adds Landfill Gas Generation to its Renewable Portfolio
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 8, 2015, previously published on September 4, 2015
Hoosier Energy (Hoosier), a Bloomington, Indiana G&T, will be partnering with a local landfill operator to develop a renewable energy facility. The facility will use landfill methane to fuel engines that will produce 4 megawatts of electricity. The project, which will be Hoosier¿s fourth landfill...

 

HTMLEPA Proposes New Emission Rules Affecting the Oil and Natural Gas Industries
Sheila Slocum Hollis; Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on August 19, 2015
On August 18, 2015, the U.S. Environmental Protection Agency (EPA) took another step in its bid to address climate change by issuing proposed rules aimed at reducing methane emissions.[1] By their nature, the proposed rules will predominantly impact the oil and natural gas industries and come on...

 

HTMLDC Circuit Vacates Portions of EPA’s Emergency Generator Rule
Bradley R. Sugarman; Taft Stettinius & Hollister LLP;
Legal Alert/Article
September 4, 2015, previously published on September 4, 2015
Earlier this summer, the United States Court of Appeals for the District of Columbia Circuit issued a decision granting in part and denying in part petitions for review of a final rule promulgated by the United States Environmental Protection Agency (EPA) that set operating parameters for emergency...

 


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