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Do Montanans’ Rights Include a Fossil-Fuel-Free Environment?

By Charles Sartain on December 30, 2024
Posted in Climate Change, Environmental Policy, Statutes

It looks like they do. In Held et al v. State of Montana the Montana Supreme Court declared the “MEPA Limitation” unconstitutional. The plaintiffs were 16 youths, ages 2 to 18 at the time of filing.

The MEPA Limitation

The Montana Environmental Policy Act (MEPA) is a regulatory structure first enacted in 1971 for the…

Climate Change Contrarians: Saying What Needs To Be Said

By Charles Sartain on November 22, 2024
Posted in Climate Change, Environmental Policy

COP29 is upon us (Perfidy, thy name is the UNIPCC) being held in the greenwashing Republic of Azerbaijan. And ironically, there are dire warnings from some quarters about the methods “anti-science” Donald Trump will deploy to destroy the planet.

With that in mind, here is a handy list of real scientists, economists and energy…

Federal Court Enjoins Ban on LNG Export Permitting

By Charles Sartain on July 9, 2024
Posted in Energy Policy, Environmental Policy

In Louisiana et al v. Biden et al a federal district court granted relief to 16 states by enjoining the DOE’s pause in considering LNG export permits. The relief is not permanent. It means that the plaintiff-states have a likelihood of success on the merits.   

The “Export Ban”

As you know, in January President…

Texas Deepwater Port Survives Legal Challenge

By Charles Sartain on May 13, 2024
Posted in Energy Policy, Environmental Policy

In Citizens for Clean Air & Clean Water in Brazoria County et al v. United States Department of Transportation et al., several environmental groups challenged the DOT’s approval of a license for commercial construction and operation of the Sea Port Oil Terminal, alleging violations of the Deepwater Port Act and the National Environmental Policy…

Department of Energy Efficiency Standards Stymied

By Charles Sartain on March 21, 2024
Posted in Energy Policy, Environmental Policy

Coauthor Gunner West *

“Every unnecessary law helps fashion the noose we will ultimately be hung by.”
― A.E. Samaan

If you deny the administrative state’s need to dominate the most mundane aspects of your everyday life, consider Louisiana, et al  v. U.S. Department of Energy. It’s more gradual than the noose but just as…

Another Remand in Louisiana Coastal Zone Cases

By Charles Sartain on October 10, 2023
Posted in Environmental Policy, Litigation

Parish of Plaquemines v. Northcoast Oil Co. is yet another remand of yet another of the 43 suits filed in state courts against a legion of oil and gas companies under the Louisiana’s State and Local Coastal Resources Management Act of 1978. The suits arise out of the defendants’ decades-long oil production activities on the…

COP27 … More of the Same

By Charles Sartain on December 29, 2022
Posted in Climate Change, Environmental Policy

We’ll end the year end with a look at “COP27”, the all-expense-paid shindig that was the 27th United Nations Climate Change Conference of the Parties, featuring exaggerations, hysteria, and outright misstatements burning with greater intensity and frequency than their beloved climate itself.

Before you decide who to trust, remember who says they “own the…

Five Takeaways from the FTX Cryptocurrency Exchange Fallout

By Charles Sartain on December 26, 2022
Posted in Energy Policy, Environmental Policy

Authors Chris Davis and Joshua Smeltzer

Originally Published by the Texas Lawbook.

Cryptocurrency is in the news of late. Its relationship with Texas energy is significant. As reported by Ryan Dusek and Cooper Ligon at Opportune.com, its because of our abundant energy supply, a mix of oil and gas and renewables, and good government…

Louisiana Environmental Citizen Suit Survives Exceptions

By Charles Sartain on November 30, 2022
Posted in Environmental Policy, Pollution

The Kingfish would be proud of the Louisiana Supreme Court in Louisiana Ex Rel Tureau v. BEPCO, L.P. et al. The issues were the prescriptive period applicable to a citizen suit for injunctive relief under R.S. 30:16 and whether the petition stated a cause of action under R.S. 30:14 and 30:16. The court held that…

Louisiana Coastal Zone Suit Returns to State Court

By Charles Sartain on November 1, 2022
Posted in Environmental Policy, Litigation

Plaquemines Parish, et al v. Chevron et al has characteristics of the many pending climate-change suits brought by governments in state courts against Big Oil, which Big Oil tries to remove federal court. In this case the question was whether the producers were acting under federal officers’ control when they ramped up oil production during…

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About Charles Sartain

I have been helping clients of all types resolve their commercial disputes for most of my 35 years as a lawyer. Of the many industries in which I have worked, the energy business is the most fascinating…More

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