Green Construction Insurance: Much Ado About Nothing?
April 20, 2012
What happened to the LEEDigation tsunami? Not long ago, many construction and legal professionals were predicting a tidal wave of litigation ...
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EPA Issues Air Emission Standards for the Oil and Gas Sector, Including Hydraulic Fracturing
April 19, 2012
On April 18, 2012, the U.S. Environmental Protection Agency (EPA) released a final rule that establishes new Clean Air Act (CAA) emissions standards for activities within...
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FERC Approves Sabine Pass LNG Exports and Vacates Jordan Cove LNG Imports
04/17/2012
Yesterday, the Federal Energy Regulatory Commission ("FERC" or "Commission") issued a precedent setting order approving a proposal by Sabine Pass...
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Pennsylvania Supreme Court Reaffirms Subjective Test to Determine Production 'In Paying Quantities'
March 28, 2012
On March 26, 2012, the Pennsylvania Supreme Court issued its long-awaited decision in the case of T.W. Phillips Gas & Oil Co. v. Jedlicka , reaffirming that...
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EPA Proposes Carbon Standard and Carbon Capture for Power Plants
March 28, 2012
On March 27, 2012, the U.S. Environmental Protection Agency (EPA) proposed a New Source Performance Standard (NSPS), Subpart TTTT, that would limit carbon dioxide (CO 2...
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Unanimous Supreme Court Decision: EPA Administrative Compliance Orders Are Subject to Pre-Enforcement Review
March 21, 2012
In an important decision, the U.S. Supreme Court ruled unanimously today, in Sackett v. Environmental Protection Agency, et al ., [1] that the EPA may not use...
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EPA Defends GHG Rules in Court; Proposes Next Steps for the Tailoring Rule
March 6, 2012
Of late, there have been few meaningful exchanges in the war over the S. Environmental Protection Agency's (EPA) climate change regulations. On the legal front,...
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Supreme Court of Texas Raises the Bar for Qualifying as a Common Carrier Pipeline
March 5, 2012
On March 2, 2012, the Supreme Court of Texas issued an opinion (withdrawing and substituting for the August 26th, 2011 opinion previously issued in the same case)...
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CFTC Chairman Gary Gensler Testifies Before House Committee That Most Swaps End-Users Will Not Be Swap Dealers and That Rural Electric Co-Ops, Munis, and RTOs May Be Exempted From Dodd-Frank
March 2, 2012
In testimony before the House Agriculture Committee on February 29, 2012, Commodity Futures Trading Commission ("CFTC") Chairman Gary Gensler assured...
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Legislation and Litigation: The Life and Death of the Offshore Seismic Market in the Gulf of Mexico?
February 22, 2012
Attached is a paper detailing the current regulatory difficulties confronting the seismic industry in the Gulf of Mexico. Its author is L. Poe Leggette, Partner-in-Charge...
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The President’s Speech and Regulatory Reality on the OCS
February 13, 2012
Fulbright's White Paper , entitled "The President's Speech and Regulatory Reality on the OCS," which we believe will be of timely interest to you, was...
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Department of Interior Releases Draft Rule of Well Stimulation
February 10, 2012
On February 3, 2012, the Department of the Interior became the latest government entity to release draft regulations governing hydraulic fracturing. The rules are in...
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Securities Litigation and Enforcement Risks for Shale Operators
February 2012
The production of natural gas from shale formations now accounts for more than 34% of all natural gas production in the United States and has assumed a prominent role in...
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Hydraulic Fracturing: Subsurface Trespass Emerging Issue
February 2012
As the number of hydraulic fractures continues to increase, the number of lawsuits attacking the process rises as well. Most lawsuits to date have focused on the...
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EPA Stay Vacated—Boiler MACT and CISWI Rules Now Effective
January 12, 2012
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On January 9, 2012, the United States Court for the District of Columbia vacated a Delay Notice pursuant to which the Environmental Protection Agency (EPA) had intended...
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