Regulatory Alert — Clean Air Act NSPS OOOOb: Preparing for the August 2025 Reporting Deadline in an Uncertain Regulatory Climate

The Clean Air Act’s (CAA) New Source Performance Standards’ (NSPS) Subpart OOOOb applies to new, modified, and reconstructed oil and gas facilities as of December 6, 2022.

By |2025-06-23T14:00:17-05:00June 23rd, 2025|Comments Off on Regulatory Alert — Clean Air Act NSPS OOOOb: Preparing for the August 2025 Reporting Deadline in an Uncertain Regulatory Climate

Energy, Environment & Natural Resources Alert — Let’s Build Big Beautiful Things: Supreme Court Limits NEPA’s Reach and Paves Way for Permitting

On May 29, 2025, the Supreme Court issued its 8-0 ruling in Seven County Infrastructure v. Eagle County, significantly narrowing the scope of environmental reviews required under the National Environmental Policy Act (NEPA).

By |2025-06-18T13:59:43-05:00June 9th, 2025|Comments Off on Energy, Environment & Natural Resources Alert — Let’s Build Big Beautiful Things: Supreme Court Limits NEPA’s Reach and Paves Way for Permitting

Regulatory Alert — PHMSA Announces Rulemaking to Seek Input on Pipeline Repair Requirements and Risk-Based Tank Inspections

On May 21, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register.

By |2025-06-02T15:11:58-05:00June 2nd, 2025|Comments Off on Regulatory Alert — PHMSA Announces Rulemaking to Seek Input on Pipeline Repair Requirements and Risk-Based Tank Inspections

Energy, Oil & Gas Alert — Surface Wins the Subsurface: Texas Supreme Court Clarifies Pore Space Ownership in Myers-Woodward, Implications for CCS

On May 16, the Texas Supreme Court clarified a long-standing issue, holding that unless a deed provides otherwise, surface owners – not mineral owners – control subsurface pore space created by salt mining.

By |2025-05-28T11:44:59-05:00May 28th, 2025|Comments Off on Energy, Oil & Gas Alert — Surface Wins the Subsurface: Texas Supreme Court Clarifies Pore Space Ownership in Myers-Woodward, Implications for CCS

Energy, Oil & Gas Alert — Legal and Regulatory Considerations for the Energy Sector

The U.S. Supreme Court’s narrowing of federal regulatory authority, heightened litigation risks, and state-level legal updates are reshaping compliance strategies.

By |2025-05-15T14:31:33-05:00May 15th, 2025|Comments Off on Energy, Oil & Gas Alert — Legal and Regulatory Considerations for the Energy Sector

Energy, Environment & Natural Resources Alert — Fast-Tracking Deregulation: The Risks of Bypassing Notice and Comment

On April 9, 2025, President Trump issued a memorandum titled Directing the Repeal of Unlawful Regulations, instructing federal agencies to roll back existing regulations the administration deems inconsistent with recent Supreme Court decisions.

By |2025-05-14T15:35:59-05:00May 12th, 2025|Comments Off on Energy, Environment & Natural Resources Alert — Fast-Tracking Deregulation: The Risks of Bypassing Notice and Comment

Securities Alert — The Impact of Tariffs and Market Volatility on Risk Factors, MD&A, and Earnings Calls

The recent flurry of activity regarding tariffs and the resultant market volatility should have public companies reviewing and analyzing their risk factors and MD&A sections in the preparation of their upcoming 10-Q filings for the first quarter.

By |2025-04-23T10:21:07-05:00April 23rd, 2025|Comments Off on Securities Alert — The Impact of Tariffs and Market Volatility on Risk Factors, MD&A, and Earnings Calls

The Journal Record — Gavel to Gavel: Recent Sixth Circuit Decision Tries to Fill in the Gaps from Loper Bright by Gerard D’Emilio

After the Supreme Court overturned the 40-year-old Chevron doctrine in Loper Bright Enterprises v. Raimondo, lower courts were left wondering when, if ever, they defer. Recall: under Chevron, courts defer to reasonable agency interpretations of ambiguous statutes.

By |2025-05-15T13:30:10-05:00April 10th, 2025|Comments Off on The Journal Record — Gavel to Gavel: Recent Sixth Circuit Decision Tries to Fill in the Gaps from Loper Bright by Gerard D’Emilio
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