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The Proposed House Green New Deal Resolution

A Resolution has been proposed to the House for consideration that would recognize the Federal Government’s duty “to create a Green New Deal.”  It sets forth a very ambitious 10-year program to mobilize and transform every aspect of American life to combat the threats of climate change by transitioning to an economy…

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U.S. Chemical and Safety Hazard Board Ordered to Promulgate Release Reporting Requirement Rules

On February 4, the U.S. District Court for the District of Columbia held, in a Clean Air Act (CAA) Citizen Suit, that the U.S. Chemical and Safety Hazard Board (Board), an independent federal agency, has violated the Administrative Procedure Act (APA) by failing to promulgate the accidental release reporting rules required…

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Texas Supreme Court Holds Anadarko May Be Able to Recover Substantial Deepwater Horizon Defense Costs from Insurers

On January 25, the Texas Supreme Court issued a unanimous ruling in the case of Anadarko Petroleum Corp. and Anadarko E&P Co. v. Houston Cas. Co., et al., characterized as an “interlocutory permissive appeal,” reversing the decision of the U.S. Court of Appeals for the Ninth Circuit, sitting in Beaumont, TX, regarding Anadarko’s…

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BSEE Requests Comments on Potential Impacts of Decom-in-Place on the OCS

Recently, our colleagues Amanda Halter, and Ashleigh Acevedo published their Client Alert titled BSEE Decommission-in-Place Discussions Present Opportunity discussing the Department of Interior’s Bureau of Safety and Environmental Enforcement’s (BSEE) Request for Information Regarding Potential Impacts of Decommissioning-in-Place of Pipeline-Related Infrastructure in Deepwater.  Takeaways include: BSEE is asking for input on technical,…

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Bills of Note Passed by the Last Congress (2019)

There were 442 bills passed by the 115th Congress and signed by the President. Most of these new laws have attracted very little attention, so it may be helpful to review a few of them. The list below provides a glimpse into the myriad issues that face each Congress, and…

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CO Supreme Court Held Colorado Oil and Gas Conservation Commission Properly Declined to Engage in Rulemaking Proposed by Environmental Activists

On January 14, the Colorado Supreme Court issued a unanimous opinion that the Colorado Oil and Gas Conservation Commission (Commission) properly declined to undertake a rulemaking proceeding that was designed to preclude the Commission from issuing new permits unless the “best available science,” as confirmed by the findings of an independent…

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SCOTUS Will Review Ninth Circuit Ruling in Newton v. Parker Drilling Mgmt. Serv., Ltd.

Today, the U.S. Supreme Court confirmed that it will review the U.S. Court of Appeals Ninth Circuit’s February 2018 ruling in Newton v. Parker Drilling Management Services, Ltd. which held that California’s wage and hour laws can apply to  claims made by workers employees on Outer Continental Shelf (OCS) platforms…

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Green New Deal – Full Language – www.gp.org

Here’s the visionary “Green New Deal” of the Green Party, apparently drafted sometime in 2016 and which has attracted some support. The centerpiece of this program is the transition to a 100% clean, renewable energy base. These ideas are generating some comment. The plan would eliminate “non-essential individual means of…

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Sixth Circuit Holds that Some Official Actions Taken in the “Flint Water Crisis” Could Be Constitutional Due Process Violations

In what the Court of Appeals describes as “the infamous government-created environmental disaster known at the Flint Water Crisis,” a panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that some of the government personnel responsible for this disaster may be liable, under 42 U.S.C. § 1983,…