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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…

Not Everybody Can Sue the EPA

By Charles Sartain on October 11, 2019
Posted in Environmental Policy, Regulations

That’s a good thing if you like what the EPA is doing, not so much if you are its sworn enemy. In Center for Biological Diversity v. US EPA the plaintiff did not have standing so sue the EPA over the granting of a water discharge permit. The court dismissed the suit and would not resolve the substantive issues.
Continue Reading Not Everybody Can Sue the EPA

A Look at Two Approaches to Oil and Gas Regulation

By Charles Sartain on May 14, 2013
Posted in Energy Policy, Environmental Policy, Hydraulic Fracturing

This is a tale of two regulatory schemes.

First, there is the federal way, and I’m not making this up: In my last post we learned that if the BLM, when preparing its PRMP/FEIS (which in some incomprehensible way is different from a PRMP/EIS, but which nevertheless includes an RFD) which is issued by an…

Fracking Stymied on Federal Lands in California

By Charles Sartain on May 8, 2013
Posted in Environmental Policy, Hydraulic Fracturing

In an opinion with as many acronyms as the Dallas Cowboys have draft-pick detractors, a California federal court in Center For Biological Diversity v. Bureau of Land Management, held that the BLM violated the National Environmental Policy Act in its assessment of oil and gas leases on federal lands in California. A “FONSI” –…

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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