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Oil & Gas Hazardous Substances

Nutter McClennen & Fish LLP

Environment & Energy Insights (August 2024)

​Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more

Hissey, Mulderig & Friend, PLLC

Asbestos Exposure Widespread at Oil and Gas Job Sites in Texas

Workers at asbestos job sites in the state of Texas may be at risk of developing mesothelioma, asbestos lung cancer, or other diseases as a result of asbestos exposure....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Injection Control: U.S. EPA Environmental Appeals Board Petition Filed Addressing Allegheny County, Pennsylvania...

Two individuals filed a Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“Board”) challenging an Underground Injection Control (“UIC”) Class II-D...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Materials Regulation Final Rulemaking: Pipeline and Hazardous Materials Safety Administration Adoption of Amendments...

The United States Pipeline and Hazardous Materials Administration (“PHMSA”) published in the April 10th Federal Register final rules amending the Hazardous Materials Regulations (“HMR”). See 89 Fed. Reg. 25434....more

Foley Hoag LLP - Environmental Law

Oil and Hazardous Substances; Never the Twain Shall Meet

Late last month, in Munoz v. Intercontinental Terminals Company, the 5th Circuit Court of Appeals held that the liability provisions of CERCLA and the Oil Pollution Act do not overlap and that, consequently, where oil and...more

Allen Matkins

California Environmental Law & Policy Update 9.15.23

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The Biden administration is restoring significant state and tribal authority over water resources and expanding their leverage on infrastructure permitting decisions, including for pipelines. With a final rule announced this...more

K&L Gates LLP

LNG by Rail Rule Suspension

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The US Department of Transportation (USDOT) is suspending a rule that allows liquefied natural gas (LNG) to be transported by rail in specialized tank cars, starting 31 October 2023. This final rule overturns a Trump-era rule...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Refinery/CERCLA: Federal Appellate Court Addresses Whether United States Controls During World War II Established it as an...

Co-Author: Elizabeth Strickland The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) addressed in a June 23rd Opinion the scope of the Comprehensive Environmental Response, Compensation, and Liability...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Portable...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a May 8th letter a request for clarification of the Hazardous Materials Regulation (“HMR”) in terms of applicability to a Portable Emission...more

Akin Gump Strauss Hauer & Feld LLP

PHMSA Releases Proposed Rules for Gas Pipeline Leak Detection and Repair Addressing Both Pipeline Safety and Environmental...

On May 4, 2023, the Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a long-awaited notice of proposed rulemaking (NOPR) titled “Pipeline Safety: Gas Leak Detection...more

BCLP

PFAS Update: State Regulation of PFAS in Firefighting Foam and Equipment, November 2022

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Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Material Safety Administration Addresses Status of...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an August 4th Interpretive Response a question regarding applicability of the Hazardous Materials Regulations (“HMR”) to: …...more

McGuireWoods LLP

PHMSA Issues Notice of Limited Enforcement Discretion for Some Gas Gathering Pipelines

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On July 8, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice of regulatory enforcement discretion for particular gathering lines. Gathering lines are those pipelines that transport gas...more

Allen Matkins

California Environmental Law & Policy Update - May 2022

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Biden to crack down on polluters in poor and minority communities Bullet Associated Press - May 5 The Biden administration on Thursday announced a wide-ranging enforcement strategy aimed at holding industrial polluters...more

Beveridge & Diamond PC

EPA Expands Clean Water Act Spill Response Planning to Hazardous Substances

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Key Takeaways - • What Is Happening? The U.S. Environmental Protection Agency (EPA) published a proposed rule requiring certain facilities to prepare Facility Response Plans (FRPs) for responding to worst case discharges...more

Allen Matkins

California Environmental Law & Policy Update - March 2022

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Climate change threatens nearly one third of U.S. hazardous chemical facilities - NPR – March 2 - Nearly one third of the hazardous chemical facilities in the United States, including many sites in California, are at...more

Allen Matkins

California Environmental Law & Policy Update - January 2022 #4

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Supreme Court to weigh limits on reach of Clean Water Act - Associated Press – January 25 - The U.S. Supreme Court agreed on Monday to hear an appeal that will test the limits of federal jurisdiction under the Clean...more

Robinson+Cole Environmental Law +

Court Denies Class Certification in Illinois Oil Spill Case

On October 5, 2021, the United States District Court for the Southern District of Illinois denied the plaintiffs’ Motion for Class Certification in Morr v. Plains All American Pipeline, LLC 2021 WL 4478660 (S.D. Illinois,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: U.S. Pipeline and Hazardous Materials Safety Administration Addresses Question Involving...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an August 19th letter the application of the federal Hazardous Materials Regulations (“HMR”) to: . . . a driver transporting...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials Regulations: Pipeline and Hazardous Materials Safety Administration Clarifies Compressed Gases...

The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued an April 13th letter addressing a request for clarification of the Hazardous Materials Regulations (“HMR”)...more

Allen Matkins

California Environmental Law & Policy Update - April 2021 #3

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Bill targeting PFAS and PFOS chemicals reintroduced in House - Courthouse News Service – April 13 - On Tuesday, the bipartisan PFAS Action Act was introduced for the second time in the U.S. House of Representatives,...more

Williams Mullen

EPA Says No Risk from CERCLA Financial Assurance Exemptions for Three Named Industries

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EPA has promulgated a final rule declining to impose final assurance requirements on the electric power, petroleum and coal manufacturing, and chemical manufacturing industries to clean up spills of hazardous substances. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Midstream Processing Facilities: Pipeline and Hazardous Materials Safety Administration Guidance Addresses Agency Jurisdictional...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) published in the November 4th Federal Register a set of draft Frequently Asked Questions (“FAQs”) addressing federal oversight of midstream processing...more

Downey Brand LLP

California Pipelines Face New Hurdles As the State Adopts Final Rules to Protect its Coastline

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The California Office of the State Fire Marshal (“OSFM”) finalized its regulations implementing Best Available Technology (“BAT”) requirements for hazardous liquid pipelines, effective October 1, 2020. The proposed...more

Pullman & Comley, LLC

DEEP's Proposed Release Reporting Regulations Now Ready for Comment

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DEEP does not currently have regulations in place governing release/spill reporting.  The regulations proposed in 2009 required that all spills over one gallon in volume and all historical spills be reported.  Those have...more

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