Recently, the New Jersey Appellate Division, in Dorrell v. Woodruff Energy, Inc.,[1] vacated a 2018 judgment against Chevron U.S.A., Inc. (“Chevron”) that had found Chevron liable for gasoline contamination. More specifically, the Appellate Division found that plaintiff’s expert was not qualified to determine that the subject property was contaminated with gasoline because
Energy
What Will the Texas Supreme Court Say About Allocation and PSA Wells?
Alas, we might never know. Opiela v. Railroad Commission of Texas and Magnolia Oil & Gas Operating, was a challenge to the Commission’s authority to issue permits for allocation wells and wells drilled under Production Sharing Agreements. The parties have submitted a Joint Unopposed Motion For Reversal and Remand Pursuant to the Parties’ Settlement,…
FERC Reinstates Authorization for Transco Pipeline Expansion Project
On January 24, 2025, FERC reinstated a certificate of public convenience and necessity (“CPCN”) for Transcontinental Gas Pipe Line Company’s (“Transco”) Regional Energy Access Expansion Project (“Project”) after the D.C. Circuit vacated and remanded FERC’s initial order certificating the Project (“Certificate Order”).
In January 2023, FERC granted Transco a CPCN to construct and operate the…
FERC Withdraws Draft GHG Policy Statement and Terminates Associated Proceeding
On January 24, 2025, FERC withdrew its 2022 draft Greenhouse Gas (“GHG”) Policy Statement and terminated the associated proceeding. FERC determined that, after reviewing the entire record, issues concerning GHG emissions are better analyzed on a case-by-case basis when raised by parties in proceedings. Commissioners Phillips, Rosner, and Chang issued a joint concurrence noting that,…
States, Advanced Reactor Developer Challenge NRC’s Authority to License Advanced Reactors
The outcome of a lawsuit filed at the end of 2024 challenging the U.S. Nuclear Regulatory Commission’s (“NRC’s or the Agency’s”) authority under a 1956 rule to license certain nuclear facilities could have important implications for advanced reactor licensing processes and the supply of electricity in the U.S. in the years ahead.
The post States…
NY DEC Proposes Environmental Justice-Focused Amendments to SEQRA and UPA—Potential Impacts on Project Permitting
On Jan. 29, 2025, the New York State Department of Environmental Conservation (DEC) proposed amendments to its State Environmental Quality Review Act (SEQRA) (6 NYCRR Part 617) and the Uniform Procedures Act (UPA) (6 NYCRR Part 621) regulations to integrate environmental justice (EJ) considerations into environmental reviews. These amendments, mandated by Environmental Conservation Law (ECL)…
Senate Confirms Zeldin as EPA Administrator, President Trump’s EPA Begins to Take Shape
On January 29, 2025, the Senate voted to confirm former New York Rep. Lee Zeldin as EPA Administrator. Zeldin is a 44-year-old attorney who represented New York’s 1st Congressional District from 2015-2023.…
Legal Perspectives On CO2-EOR and CCS
Introduction: CO2-EOR vs. CCS
In recent years, the importance of carbon capture technology has grown significantly as a means to combat climate change. With the emergence and advancement of geologic technologies, and their application in the energy industry, many industrial companies are deploying both CO2 Enhanced Oil Recovery (CO2-EOR) and Carbon Capture and Storage (CCS)…
EPA Proposed Rule Underscores Importance of Suppliers Closely Tracking “Triggering Activities” That Add PFAS to the TRI
Reposting an Alert published last week:
The proposed rule “clarifies” that the PFAS chemical will be automatically added to the TRI list of chemicals as of January 1 regardless of whether the EPA has published a rule updating the TRI list.
On January 17, 2025, the U.S. Environmental Protection Agency (EPA) proposed a rule clarifying…
Arbitration Result Can Be “Good”, “Bad” or “Ugly”
The message in RSM Production Corporation v. Gaz du Cameroun SA: According to the federal Fifth Circuit, an arbitration tribunal’s construction of a contract and the arbitration rules governing the dispute “hold, however good, bad, or ugly.” Translation: Good for one party, bad or ugly for the other, just like the courthouse.
RSM was…