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Oil & Gas Federal Jurisdiction

Stikeman Elliott LLP

Federal Government Tables Amendments to Cure Unconstitutional Impact Assessment Act

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The federal government’s amendments (“Amendments”) to the Impact Assessment Act, SC 2019, c 28 (“IAA”) are one step closer to becoming law. During the week of May 6, 2024, the Amendments, forming part of Bill C-69, An Act to...more

Stikeman Elliott LLP

Majority of Supreme Court Finds Federal Impact Assessment Act Largely Unconstitutional

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On October 13, 2023, the Supreme Court of Canada (“SCC”) released Reference re Impact Assessment Act,2023 SCC 23 (“SCC Reference”), in which the majority found a large portion of the federal Impact Assessment Act, SC 2019, c...more

Bennett Jones LLP

Alberta Court of Appeal Releases Reference Opinion on Constitutionality of the Federal Impact Assessment Act

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The Province of Alberta referred two constitutional questions to the Alberta Court of Appeal - - whether the federal Impact Assessment Act (IAA), part of Bill C-69, is unconstitutional in whole; and - whether certain...more

Zelle  LLP

Insurer Implications As 3 Climate Suits Return To State Courts

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After years of litigation over the proper venue for climate change lawsuits, several federal courts of appeal have recently sent those cases to state courts across the nation, where they are now set to move forward. This...more

Downey Brand LLP

Ruling may give oil companies upper hand in climate change cases

Downey Brand LLP on

On May 17, the U.S. Supreme Court issued a 7-1 decision in BP P.L.C. v. Mayor and City Council of Baltimore, 2021 DJDAR 4717, that may give fossil fuel companies the upper hand in the slew of recent climate change cases filed...more

Zelle  LLP

Climate Change Litigation Goes Before the Supreme Court

Zelle LLP on

In January, the US Supreme Court will hear arguments in one of the lawsuits filed against oil and gas companies for their alleged contribution to climate change. The Court’s ruling will likely have a significant impact on how...more

Hicks Johnson

Oklahoma Oil and Gas Business Braces for Change in Wake of Supreme Court Decision

Hicks Johnson on

On July 9, 2020, the Supreme Court issued its opinion in McGirt v. Oklahoma, ruling that most of the eastern half of Oklahoma is an Indian reservation. While the decision ostensibly resolves a jurisdictional challenge to a...more

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

Future of Waters of the United States/Examining the Role of States: U.S. House of Representatives Committee on Science, Space, &...

The Subcommittee on Environment of the United States House of Representatives Committee on Science, Space, & Technology (“Committee”) is holding a hearing today titled: ...Waters of the United States: Examining the Role of...more

Allen Matkins

California Environmental Law & Policy Update - March 2017

Allen Matkins on

Environmental and Policy Focus - Trump directs rollback of Obama-era water rule - The Washington Post - Feb 28 - President Trump on Tuesday instructed the Environmental Protection Agency (EPA) and Army Corps of...more

Stoel Rives LLP

BLM Responds To Ute Indian Tribe’s Injunction Motion In Fracking Rule Litigation

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Following a court hearing and order temporarily delaying the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on federal public lands, the BLM submitted its response brief opposing the Ute Indian...more

Perkins Coie

Oil on the Rails: States Increasing Regulation of Oil Trains

Perkins Coie on

The increase in North American petroleum production in recent years, coupled with inadequate pipeline infrastructure, has resulted in a significant rise of, and reliance on, the transport of crude oil by rail. Public...more

BakerHostetler

RE: Bakken Crude-by-Rail: Environmental Groups Ask New York State to Regulate DOT-111 Tank Cars

BakerHostetler on

A recent state-law challenge by environmental groups to an aspect of crude-by-rail transportation has teed up the question of federal supremacy over railroad regulation. Because federal law generally preempts state regulation...more

Bradley Arant Boult Cummings LLP

Big Changes to Federal Jurisdiction over Waters of the U.S. through the Clean Water Act

On March 25, 2014, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) announced the release of their proposed rule redefining what waters fall under federal jurisdiction under the...more

Akin Gump Strauss Hauer & Feld LLP

FERC Sets Enforcement Case Against BP for Hearing, Takes Expansive View of Jurisdiction to Enforce Anti-Manipulation Rule

In an order issued on May 15, 2014 that takes a broad view of its jurisdiction over conduct that allegedly violates the Natural Gas Act’s (NGA) prohibition against market manipulation, the Federal Energy Regulatory Commission...more

Latham & Watkins LLP

EPA, Army Corps Propose New Rule to Govern Federal Clean Water Act Jurisdiction

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Intended to clarify confusion from prior US Supreme Court decisions, the rules could have far-reaching implications for many stakeholders. The US Environmental Protection Agency (EPA) and the US Army Corps of...more

K&L Gates LLP

FERC Issues Order Asserting Jurisdiction over Ethane Pipelines Under the Interstate Commerce Act

K&L Gates LLP on

On December 31, 2013, the Federal Energy Regulatory Commission (“FERC”), in a case of first impression, confirmed its jurisdiction over and its intention to regulate the economic and operational aspects of the interstate...more

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