Since the United States Fish and Wildlife Service (FWS) designated the Greater Sage-Grouse as a candidate for listing under the Endangered Species Act (ESA) in 2010, environmentalists and industry stakeholders have vehemently disagreed about the species’ need for federal protection.
When administrations change, so does policy. That may result in an agency changing its mind. On the federal level, that change — particularly a change in a factual finding — will be subject to review under the Administrative Procedure Act.
On Thursday of last week, the Ohio Oil and Gas Commission issued its first order addressing unitization under R.C. 1509.28.
EPA is poised to publish a proposed rule revising regulations applicable to hazardous waste generators under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (RCRA).
State Supreme Court Imposes Strict Limitations On Secretary of State’s Authority to Block Anti-Fracking Ballot Measures, Granting Oil and Gas Interests a Limited Victory
This week the Ohio Supreme Court denied three Ohio counties’ attempts to ban high-volume hydraulic fracking.
This has not been a good summer in the Fifth Circuit for oil and gas insurers denying claims. In Cox Operating, L.L.C. v. St. Paul Surplus Lines Insurance Co., 795 F.3d 496 (July 30, 2015), the Fifth Circuit upheld a jury award of over $9 million in damages and over $13 in penalties.
On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the unintentional take of migratory birds.
On September 14, FTC staff sent warning letters to five providers of environmental certification seals and 32 businesses that display them online, alerting them to the agency’s concerns that the seals may be deceptive and may not comply with the FTC’s Green Guides.
USA v. Citgo Petroleum highlights the excruciating degree of detail in federal regulations and the gymnastics the EPA will employ justify a prosecution.
A federal appellate court has invalidated the U.S. EPA’s approval of a new pesticide, sulfoxaflor, concluding that the agency’s decision was based on “flawed and limited data.”