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HTMLNavigating the United States' and the IMO’s Ballast Water Management Rules
W. Thomas Chappell; Vandeventer Black LLP;
Legal Alert/Article
February 10, 2017, previously published on December 2016
Ballast water management has attracted the attention of regulators both in the United States and internationally recently. If not properly managed, ballast water may introduce invasive species into an ecosystem. This danger occurs when a vessel collects ballast water, including the organisms in...


HTMLNew Ohio Oil and Gas Incident Notification Rule Goes into Effect Today
William Beckley, Beth I. Gillin; McDonald Hopkins LLC;
Legal Alert/Article
January 19, 2017, previously published on December 8, 2016
Following years of effort and debate, a new rule for oil and gas incident notifications in Ohio is set to go into effect today. The new rule (Rule 1501:9 8 02) streamlines the process for reporting incidents, amends and clarifies what constitutes an incident that requires notification, and...


HTMLOhio Dormant Mineral Act Decision Appealed to US Supreme Court
William Beckley, Christopher William Capcara, Jeffrey R. Huntsberger, Michael W. Wise; McDonald Hopkins LLC;
Legal Alert/Article
January 19, 2017, previously published on December 20, 2016
Many hoped the Ohio Supreme Court’s decision in Corban v. Chesapeake Exploration, L.L.C. would bring some certainty to the status of the law in the Utica Shale play. Instead, it appears to have created more questions - some of which have now been posed to the U.S. Supreme Court.


Adobe PDFGold Diggers Forced to Find New Method for Mining Legitimate Claims
Joshua A. Quinones; Morris Polich & Purdy LLP;
Legal Alert/Article
January 18, 2017, previously published on December 21, 2016
The case of People of the State of California v. Brandon Rinehart, presents a fascinating look at the world of gold mining, and the historical perspective it affords of our great state and nation. In short, it asks the question—can the state prevent a person with a legitimate...


Adobe PDFNew NPDES Permit Does Not Moot Past Violations Under Old Permit
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
January 18, 2017, previously published on December 21, 2016
In National Resources Defense Council v. County of Los Angeles, 840 F.3d 1098 (9th Cir. 2016), the Ninth Circuit considered whether compliance with a new, relaxed National Pollutant Discharge Elimination System (NPDES) permit under the Clean Water Act moots a request for an injunction against the...


HTMLAre Current Coal Ash Regulations Strong Enough?
Waters Kraus LLP;
Legal Alert/Article
January 17, 2017, previously published on January 6, 2017
Coal plants and industrial plants are a known facet of the U.S. economy, so it is important to be aware of the risks posed by certain activities. One big example of this is coal-fueled power plants which create coal ash, a byproduct containing several toxins known to cause childhood birth defects...


HTMLWater Rights: “The Supreme Court Giveth and It Taketh Away”
James B. Galbraith, Jocelyn A. Holland; McLeod, Alexander, Powel & Apffel A Professional Corporation;
Legal Alert/Article
January 12, 2017, previously published on December 27, 2016
In a watershed decision issued in May 2016, the Texas Supreme Court established that groundwater rights, like mineral rights, are a dominant estate over the surface rights. See Coyote Lake Ranch, LLC v. City of Lubbock, No. 14-0572, --- S.W.3d ---, 2016 WL 3176683, at *1 (Tex. May 27, 2016)....


HTMLQuébec Passes New Legislation Governing Clean Energy and Oil and Gas Exploration
Peter A. Bryan, Leanne Desbarats, Alexandra Nicol, Pascal de Guise; Borden Ladner Gervais LLP;
Legal Alert/Article
January 6, 2017, previously published on December 15, 2016
On December 10, 2016, the Québec National Assembly passed Bill 106: An Act to implement the 2030 Energy Policy and to amend various legislative provisions ("Bill 106"). Bill 106 enacts or amends various pieces of legislation relating to clean energy and oil and gas exploration in...


HTMLRelief For the Oil and Gas Industry?
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
December 28, 2016, previously published on December 2016
Although coal has been hardest hit by regulations from the Obama administration, the oil and gas sector has seen its fair share over the past several years. These regulations are part of the administration’s and various environmental groups’ ongoing efforts against fossil fuels. Indeed,...


Adobe PDFPHMSA Issues Interim Final Rule on Underground Natural Gas Storage
Keith J. Coyle, James Curry, Brianne K. Kurdock; Babst Calland;
Legal Alert/Article
December 20, 2016, previously published on December 14, 2016
On December 14, the Pipeline and Hazardous Materials Safety Administration (PHMSA) released a pre-publication version of an interim final rule (IFR) establishing minimum federal safety standards for underground natural gas storage facilities. The IFR takes effect 30 days from publication in the...


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