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Endangered Species Act/U.S. Fish and Wildlife Service Issues Final Rule: American Burying Beetle Downlisted From Endangered To...

The United States Fish and Wildlife Service (“Service”) issued a September 3rd final rule reclassifying (i.e., downlisting) the American burying beetle (“ABB”) from endangered to threatened on the Endangered Species Act...more

Change In Demand For Motor Fuels: U.S. Energy Information Report

The United States Energy Information Administration (“EIA”) published an August 28th report titled: Changing Demand for Petroleum Products Has Led to Operational Changes at U.S. Refineries (“Report”)- Utilizing...more

Used Oil Enforcement: Alabama Department of Environmental Management Proposed Administrative Order to Limestone County Used Oil...

The Alabama Department of Environmental Management (“ADEM”) issued an August 20th Proposed Administrative Order (“AO”) to Pine Ridge Transportation, LLC (“Pine Ridge”). See Order No. 20-XXX-HW. The AO states that Pine...more

Natural Gas Compressor Station/Title V Permit: U.S. EPA Environmental Appeals Board Addresses Challenge to NESHAP Permit Condition

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a September 2nd Order a Petition filed by MPLX challenging a permit condition that the federal agency placed in a...more

Citizen Suit Action/Clean Air Act: Sierra Club Judicial Action Challenging Colorado Department of Public Health and Environment...

The Center for Biological Diversity and Sierra Club (collectively “Sierra Club”) filed a Complaint in District Court (Adams County, Colorado) challenging the Colorado Department of Public Health and Environment, Air Pollution...more

Oil and Gas Extraction/Wastewater Management Practices: U.S. EPA Report Summarizing Stakeholder Input

The United States Environmental Protection Agency (“EPA”) issued a May 2020 report titled: Summary of Input on Oil and Gas Extraction Wastewater Management Practices Under the Clean Water Act (“Report”)...more

Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Harrogate, Tennessee Storage Tank Owner Enter...

The Tennessee Department of Environment and Conservation (“TDEC”) and Lee Oil Company, Inc. (“Lee”) entered into an April 30th Settlement Agreement and Order (“Agreement”) addressing alleged violations of the Tennessee...more

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Garland County Bulk...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Hendry Oil Company, Inc. (“Hendry”) entered into a May 4th Consent Administrative Order (“CAO”) addressing an alleged violation...more

5/13/2020  /  Clean Water Act , Oil & Gas , Petroleum

PFAS/Drinking Water Standards: Environmental Organizations File Brief in New Hampshire Appellate Proceeding

The Conservation Law Foundation and other environmental organizations (collectively “CLF”) filed a brief of Amici Curiae in support of New Hampshire Department of Environmental Services (“DES”) rules that establish maximum...more

COVID-19/Arkansas Department of Agriculture: Bureau of Standards Increased Inspection Activities Noted

The Arkansas Department of Agriculture issued a news release noting that inspectors from the Bureau of Standards (“BOS”) have increased the number of fuel quality checks it conducts in Arkansas. The BOS is a section found...more

Permian Pipeline/Nationwide Permit 12: Sierra Club Complaint for Declaratory and Injunctive Relief

The Sierra Club filed on April 30th a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Army Corps of Engineers (“Corps”) challenging the discharge of dredged or fill material into waters...more

Carbon Pricing/Policy Options: Organizations Submit Joint Request to Federal Energy Regulatory Commission Requesting Technical...

A number of organizations submitted an April 13th document titled Request for Technical Conference or Workshop (“Request”) to the Federal Energy Regulatory Commission (“FERC”) asking that it convene a technical conference or...more

PSD Guidance/Clean Air Act: Federal Appellate Court Addresses Whether Document Constitutes Final Agency Action

The United States Court of Appeals for the D.C. Circuit (“Court”) addressed whether a guidance document issued by the United States Environmental Protection Agency (“EPA”) constituted final agency action for purposes of...more

Zoning/Natural Gas Act: Federal District Court Addresses Preemption Issue

The United States District Court for the Western District of Virginia (“the Court”) addressed in a March 9th opinion a preemption issue involving an interstate pipeline. See Atlantic Coast Pipeline v. Nelson Co. Bd. Of...more

United States Biofuel Production: U.S. Energy Information Administration Projection Through 2050

The United States Energy Information Administration (“EIA”) issued a report titled: EIA Projects U.S. Biofuel Production to Slowly Increase Through 2050 (“Report”) EIA’s projection is based on its publication Annual...more

Section 401 Water Quality Certification Waiver/Hydroelectric Relicensing: Federal Energy Regulatory Commission Addresses Southern...

The Federal Energy Regulatory Commission (“FERC”) issued a February 20th document titled: Declaratory Order on Waiver of Water Quality Certification (“Order”)...more

Natural Gas Distribution Infrastructure Replacement and Modernization/A Review of State Programs: National Association of...

The National Association of Regulatory Utility Commissioners (“NARUC”) issued a January 2020 report titled: Natural Gas Distribution Infrastructure Replacement and Modernization: A Review of State Program (“Report”) -...more

Storage Tank Enforcement/Remediation: Connecticut Superior Court Addresses Penalties for Alleged Violations

The Superior Court of Connecticut (“Court”) addressed in a January 22nd Memorandum of Decision (“MOD”) an enforcement action by the Connecticut Department of Energy and Environmental Protection (“DEEP”) seeking the assessment...more

Modernizing the Natural Gas Act: February 5th U.S. House of Representatives Committee on Energy & Commerce Hearing

The Subcommittee on Energy of the U.S. House of Representatives Committee on Energy and Commerce held a hearing on February 5th titled: Modernizing the Natural Gas Act to Ensure it Works for Everyone (“Hearing”) The...more

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

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a January 17th letter a question regarding the applicability of the Hazardous Materials Regulations (“HMR”) applicable to the...more

Storage Tank Enforcement: U.S. Environmental Protection Agency and Owner of Pennsylvania Retail Motor Fuel Facilities Enter into...

The United States Environmental Protection Agency (“EPA”) and National Retail Properties Trust (“NRPT”) entered into a January 29th Consent Agreement (“CA”) addressing alleged violations of certain Resource Conservation and...more

Storage Tank Enforcement: U.S. Environmental Protection Agency and Stroudsburg, Pennsylvania Underground Storage Tank Owner Enter...

The United States Environmental Protection Agency (“EPA”) and Pocono Gas Stations Inc. (“PGSI”) entered into a December 30th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Pennsylvania Department...more

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Guidance Letter Addressing Cargo Tank...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a December 6th letter the Hazardous Materials Regulation (“HMR”) applicable to the marking requirements for a Department of...more

Management/Assessment of Fuel Release Sites: U.S. Environmental Protection Agency Guidance Letter Addressing Analytical Methods

The United States Environmental Protection Agency (“EPA”) addressed in a November 25, 2019, guidance letter, an issue involving the management and assessment of fuel release sites (“guidance letter”). The guidance letter...more

Motor Fuel Supply Agreement: Illinois Appellate Court Addresses Distributor's Request for Injunctive Relief Related to Alleged...

The Appellate Court of Illinois (Third District) (“Court”) addressed in an October 29th Opinion issues related to an alleged breach by a retailer of a Motor Fuel Sale Petroleum Supply Agreement (“Agreement”). See Gas Depot...more

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