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|FERC Proposes Changes to Interstate Oil Pipeline Index Ratemaking and Cost and Revenue Reporting|
Paul F. Forshay, Allison E. Speaker; Sutherland Asbill & Brennan LLP;
October 28, 2016, previously published on October 28, 2016The Federal Energy Regulatory Commission (FERC) has issued an Advance Notice of Proposed Rulemaking (ANOPR). This ANOPR is seeking comments on potential changes to FERC’s policies for evaluating interstate oil pipeline indexed rate increases based on industry-wide cost increases, and on...
|EPA Expands Its Oversight of Oil and Gas Operations|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
October 20, 2016, previously published on October 2016EPA directly regulates many aspects of oil and gas activity. Mainly, its regulatory authority relates to air emissions from a multitude of sources and equipment from drilling operations to refinery operations. In addition to the major new rules it has issued over the last several years, EPA is now...
|Robinson Township Revisited: The Pennsylvania Supreme Court Addresses Remaining Challenges to Act 13|
October 12, 2016, previously published on October 4, 2016The Pennsylvania Supreme Court declared the last remaining challenged sections of Act 13 of 2012 to be invalid in an opinion issued September 28, 2016 in the Robinson Township v. Commonwealth line of cases (“Robinson IV”). The Supreme Court agreed with the Commonwealth Court that the...
|Government of Canada Approves Pacific NorthWest LNG Project|
Bradley M. Eidsness, Donald E. Greenfield, William S. Osler, Vivek T.A. Warrier; Bennett Jones LLP;
October 12, 2016, previously published on September 28, 2016On September 27, 2016, the Government of Canada approved the Pacific NorthWest LNG natural gas liquefaction and export facility, sending a strong signal that it is committed to growing Canada's role as a global energy supplier.
|D.C. Circuit Considers Challenges to Clean Power Plan|
Alina Fortson, Charles T. (Chuck) Wehland; Jones Day;
October 10, 2016, previously published on October 2016On September 27, 2016, the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") heard oral argument before an en banc panel in West Virginia v. EPA, a case involving challenges to the U.S. Environmental Protection Agency’s ("EPA") 2015...
|Recent REACH Developments|
Ales Bartl, Edward H. Rose, Ursula Schliessner; Jones Day;
October 10, 2016, previously published on October 2016Regulation 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals ("REACH") applies to every manufacturer or importer into the European Union ("EU") of chemical substances on their own or in a mixture. REACH also applies, to a limited...
|California Attorney General Issues New Proposition 65 Enforcement Regulations|
Leslie T. Krasny, Natalie E. Rainer; Keller and Heckman LLP;
October 10, 2016, previously published on October 5, 2016On September 9, 2016, the California Attorney General's Office issued final regulations regarding the private enforcement of Proposition 65 (i.e., California’s Safe Drinking Water and Toxic Enforcement Act of 1986). The requirements are intended to: limit the settlement funds that are...
|Strategic Moves for the Saudi Petrochemicals Sector|
Javade Chaudhri, Yusuf Giansiracusa, Andrew D. (Andy) Ness, Marc O. Peisert, Edward H. Rose; Jones Day;
October 10, 2016, previously published on October 2016Petrochemical producers have faced a very testing last 12 months. Those based in Saudi Arabia are no exception.
|New York Court Rejects “Unavailability” Exception to Time on Risk Allocation for Continuous and Gradual Contamination|
Ryan C. McKim; Morris Polich & Purdy LLP;
October 6, 2016, previously published on September 26, 2016In Keyspan Gas East Corporation v. Munich Reinsurance America, Inc. N.Y.S.3d, 2016 WL 4543479, the New York Supreme Court, Appellate Division addressed the proper allocation “of risk of loss attributable to a continuous harm occurring, in part, during periods when liability insurance was...
|When are Pollutant Discharges to Groundwater Subject to the Clean Water Act?|
Richard E. Stultz; Morris Polich & Purdy LLP;
October 6, 2016, previously published on September 26, 2016In a November 6, 2015, opinion, the United States District Court for the Eastern District of Virginia ruled that plaintiff had adequately pleaded a cause of action plausible on its face that pollutant discharges to groundwater which was “hydrologically-connected” to surface water bodies...