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You Cannot Just Read the Regulations to Understand Stormwater Permitting for Oil and Gas Activities!

The Energy Law

Moreno and Robert E. To understand the stormwater permit requirements for oil and gas activities, you need to review not only the regulations that remain in force, but also the Clean Water Act as amended by the Energy Policy Act of 2005. By Carlos J. CWA §402(l)(2). EPA subsequently issued regulations implementing this exemption.

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One Man’s Waste is Another Man’s Treasure: Texas Appellate Court Holds that Produced Water Belongs to Mineral Owners

The Energy Law

Produced water—a substance traditionally considered to be a useless byproduct of fracing—has recently become a valuable product that can be treated and sold to operators for drilling. This substance can be dangerous to the environment, so operators are required to carefully dispose of it—a costly endeavor.

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Louisiana Second Circuit Provides Guidance as to Good Faith Required When Conducting Operations Necessary to Interrupt Prescription of Mineral Servitude

The Energy Law

In Cannisnia Plantation , the Louisiana Second Circuit faced the issue of whether a mineral servitude owner conducted good faith operations sufficient to interrupt the prescription of non-use of a mineral servitude. A well was spud on March 28, 2006. The well was a dry hole, however, and was therefore plugged and abandoned on April 21, 2006.

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Wind Energy Development in the Gulf of Mexico

The Energy Law

Interior’s authority to regulate offshore wind comes from the Energy Policy Act of 2005, which amended the Outer Continental Shelf Lands Act to expressly authorize Interior to issue leases for renewable energy projects in federal waters. The Construction and Operations Plan for this project was approved by BOEM in 2021. federal waters.

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Guidance and Relief for Retirement Plans Due to the COVID-19 Pandemic

The Energy Law

The extensions/suspensions described below are applicable for the time period beginning on March 1, 2020 and ending 60 days after the to-be-announced end of the COVID-19 National Emergency (the “Outbreak Period”). More information on Participant Loans under the CARES Act can be found here.

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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law

Amidst historically low oil prices and economic shutdowns, fossil fuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. 1442(a)(1). In City of Oakland et al. 1442(a)(1). 1442(a)(1).

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Louisiana First Circuit Reaffirms Prescription and Subsequent Purchaser Principles

The Energy Law

for alleged damage to its property arising out of Chevron’s and its predecessor’s oil and gas operations in the Sardine Point Field from 1959 through 1991. Lexington Land purchased the property in June 2005 but did not obtain from the prior owners an assignment of the right to sue for property damage that occurred before the 2005 sale.

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