On May 28, the U.S. Secretaries of Treasury, Agriculture, and Energy, along with senior White House climate officials, issued the Voluntary Carbon Markets Joint Policy Statement and Principles (Policy Statement). The Policy Statement provides observations regarding the current state of
Transforming and Transporting: Louisiana Legislature Amends Law to Allow Pipeline Transporters Expropriation Authority for CCS Projects
On May 31, the Louisiana Legislature passed HB 492 expressly providing that a pipeline company has authority to expropriate property rights for pipelines transporting carbon dioxide for Carbon Capture & Storage (CCS) projects.
Navigating the Illinois Environmental Protection Act Through Rice v. Marathon Petroleum Corp.
On May 23, 2024, the Supreme Court of Illinois rendered a judgment in Rice v. Marathon Petroleum Corp., which involved important considerations for both environmental law and personal injury claims. This case was initiated by Laura E. Rice, acting as
Supreme Court of Texas Decides Another Post-Production Cost Dispute
In Carl v. Hillcorp Energy the Supreme Court of Texas addressed the relationship between the lessee’s use of gas off-premises under a free-use clause and the lessor’s burden to share post-production costs (PPCs) under the at-the-well gas royalty clause of
Louisiana and Texas Challenge CEQ’s Finalized NEPA Amendments
On May 21, 2024, a group of 20 states, including Louisiana and Texas, filed an action in North Dakota district court challenging the Council on Environmental Quality’s (“CEQ”) finalized amendments to its National Environmental Policy Act (“NEPA”) regulations, arguing that
GSA Requiring Landlords to Conduct Baseline Drinking Water Testing in All Leased Space
The U.S. General Services Administration (GSA) recently initiated its Water Testing Modification Effort to assess and ensure the quality of drinking water in properties currently under lease with GSA. GSA began issuing unilateral lease amendments (ULAs) to landlords in February
Federal Energy Regulatory Commission Issues Long-Awaited Transmission Planning and Cost Allocation Final Rule
On May 13, 2024, at a special transmission reform meeting, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 1920 “Building for the Future Through Electric Regional Transmission Planning and Cost Allocation” (Final Rule).[1] The Final
Supreme Court Resolves Circuit Split: Federal Arbitration Act Mandates a Stay of Court Proceedings, Not Dismissal
In a recent decision, the United States Supreme Court held that Section 3 of the Federal Arbitration Act requires a court to stay a proceeding pending arbitration and provides no discretion for the court to dismiss the action. In Smith
Increased Tariffs Announced in Response to U.S. Trade Representative Review of Chinese Imports
On May 14, 2024, the Biden administration — following the conclusion of the U.S. trade representative’s statutory review of Section 301 tariffs imposed on Chinese-origin goods in 2018 — announced prospective increases to tariffs on a range of goods manufactured
Fraud in an Oil Deal Revealed after Nine Years
In the Estate of Larry Wayne Ewers is a reminder of a few guidelines for oil and gas investing: