Whit Cox

Louisiana's Class VI UIC well delegation is under attack by NGOs. There's a bad logjam of Class VI UIC well applications across the country, and LA in particular is home to a growing CCS industry. EPA's delegation of permitting authority to LA should help move applications along faster. But last week several NGO plaintiffs asked the Fifth Circuit to vacate EPA's approval. They make several arguments, including claims that LA's program is less stringent than EPA and that LA lacks the expertise to implement the program. I expect (and hope) that the Fifth Circuit will side with EPA and uphold this much needed delegation of Class VI permitting authority. EPA carefully documented in its response to comments and final rule that LA's framework was at least as stringent as EPA and provided detailed evidence that LDNR has well-qualified staff (and plans to hire more) with the expertise needed to administer the program. NGOs should be encouraging EPA to delegate Class VI UIC permitting authority given the potential for emissions reductions--not fighting the agency and industry at every turn.

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The Louisiana Supreme Court has declined to review the First Circuit Court of Appeal’s ruling in Rise St. James v. LDEQ, essentially cementing the appellate court’s holding that an analysis of environmental justice is part of the Louisiana Public Trust Doctrine. To learn more about how this opinion may affect permitting in Louisiana, read the blog from Liskow attorneys Clare Bienvenu, Greg Johnson, Cherrell Simms Taplin, and Emily von Qualen on #TheEnergyLawBlog below. #EJ #EJinLA #publictrustdoctrine #environmentalpermitting #itfactors

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The Louisiana Supreme Court has decided not to review the First Circuit Court of Appeal’s decision in Rise St. James v. LDEQ, effectively solidifying the ruling that environmental justice analysis is a component of the Louisiana Public Trust Doctrine. To understand how this could impact permitting in Louisiana, check out the blog by Liskow attorneys Clare Bienvenu, Greg Johnson, Cherrell Taplin, and Emily von Qualen on #TheEnergyLawBlog below. #EJ #EJinLA #publictrustdoctrine #environmentalpermitting #itfactors

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READ: The Supreme Court recently overturned the longstanding doctrine of Chevron deference, which gave federal agencies leeway to interpret statute. This has implications for the Bayh-Dole Act and its march-in rights provision, with Senator Bill Cassidy sending a letter to the U.S. Department of Health and Human Services (HHS) requesting clarification on how the agency can legally justify the National Institutes of Health's proposed march-in framework. Bayh-Dole Coalition Board Chair Brian P. O'Shaughnessy spoke with Inside Health Policy to help break down how this affects the licensing ecosystem: "People who are normally the prospective licensees of technologies, for example, that come out of university are already exercising restraint and reluctance to license that technology and to develop it into a usable product because they're afraid that the agencies will come in five or 10 years down the pike when they finally developed a product and say, ‘Well your product is too expensive and we don't like the price that you're charging for it...’" Read the full article: https://lnkd.in/eepnyM4Q #BayhDole #Chevron #licensing #techtransfer #technology #innovation #law #government #SCOTUS

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Environmental Justice ("EJ") is garnering increased attention under federal and state permitting policies nationwide. Currently, the Louisiana Supreme Court is being asked to weigh in on how and if EJ fits into the Louisiana Public Trust Doctrine. The Louisiana First Circuit Court of Appeal (“First Circuit”) recently determined that EJ is part of the state’s constitutional Public Trust Doctrine. The Louisiana Department of Environmental Quality (“LDEQ”) is now seeking cert on this issue. If the Louisiana Supreme Court grants cert, it could have major implications on whether and to what extent EJ analyses are required in Louisiana permitting decisions. Read NOBA's blog from the Environmental Law Committee, "The Louisiana Public Trust Doctrine and Environmental Justice: Will the Louisiana Supreme Court Weigh In?" by Colin North and Emily von Qualen now at the link below:

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Louisiana has no laws on the books requiring transparency of these litigation funding agreements. Fortunately, Louisiana policymakers have an opportunity to address the problems this shadowy industry causes in its lawsuit system. The Legislature has passed SB 355, which would increase transparency and oversight of TPLF agreements in all civil cases before Louisiana courts. The sooner SB 355 is enacted into law, the sooner Louisiana can strengthen its defenses against potential threats to its civil justice system. https://lnkd.in/e24msVSY

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An important decision for mineral and royalty owners.

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In United States v. Osage Wind LLC, a federal court in Oklahoma has granted a decision, granting permanent injunctive relief and ordering the ejectment of a wind turbine farm. Get insights into the legal intricacies and implications of this case in the latest post by my colleague Charlie Sartain on Energy & the Law.

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The legal challenge is part of the case Texas Alliance of Energy Producers, et al. v. SEC, where the petitioners are asking the court to vacate the SEC's rule, which was finalized in March. #energy #oil #oilandgas #oilandgasindustry #oilgas https://lnkd.in/gyiY9cFC

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Louisiana is the 25th jurisdiction to enact the Uniform Collaborative Law Act! Thank you to Governor John Bel Edwards for signing the bill into law, and to our sponsor Senator Jean-Paul Coussan for your advocacy. The collaborative law process provides lawyers and clients with another tool in their ADR toolbox to resolve their disputes. Like mediation, it promotes problem-solving and permits solutions not possible in litigation or arbitration. Collaborative law is a voluntary process in which clients and their lawyers agree that the lawyers will represent the clients solely for purposes of settlement, and that the clients will hire new counsel if the case does not settle. The parties and their lawyers work together to find an equitable resolution of the dispute at hand, retaining experts as necessary. No one is required to participate, and parties are free to terminate the process at any time. To this end, the Uniform Collaborative Law Act includes explicit informed consent requirements for parties to enter into collaborative law with an understanding of the costs and benefits of participation. The process is intended to promote full and open disclosure; information that is disclosed in a collaborative process, which is not otherwise discoverable, is privileged against use in any subsequent litigation. For more information: https://lnkd.in/gcr9uyNU

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Great news: Texas is gaining momentum as a leading destination for legal professionals, with growing opportunities for those considering a move. "While I think there will always be a need for traditional energy attorneys, firms have somewhat pivoted and are now eager to see energy experience in the projects and renewables sector,” shares Wendy Boone Jaikaran, a Senior Principal at Lateral Link. Discover what’s driving legal talent to the Lone Star State and how the landscape is changing in Chambers Associate's latest career moves article: Spotlight on Texas. Read more here: https://lnkd.in/gtvVQkpx #LateralLink #legalrecruiting #Texas #legalcareers #legaljobs

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The clean energy transition will not be just OR successful if elected officials continue to boost fossil fuel development under the guise of “permitting reform”. ODI is joining 360+ climate and environmental organizations nationwide to urge the Senate to reject a permitting reform bill riddled with giveaways to oil and gas, including fast-tracking LNG export approvals, overhauling bedrock environmental laws, and rolling back commonsense oil and gas reforms. When it comes to the ocean, the bill 🚩🚩🚩mandates annual offshore oil and gas lease sales of at least 60 million acres🚩🚩🚩 and undermines protections for the critically endangered Rice’s whale. No one describes it more clearly than House Natural Resources Committee Ranking Member Raúl Grijalva: “I’ve said it enough times, but it clearly bears repeating that checking off wish lists for oil, gas, and mining companies is not permitting reform.” We can–and must–move forward with building clean energy infrastructure the right way. The Manchin/Barrasso bill is not it. We want #OceanClimateAction that is consistent with US climate goals, including the landmark deal reached at COP28 to transition AWAY from fossil fuels. https://lnkd.in/gcpmeeVD

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Public comments are crucial to Federal Energy Regulatory Commission’s decision making. Here at FERC’s Office of Public Participation (OPP), we provide assistance to ensure you are able to file powerful comments successfully to FERC’s official administrative record. Listen to OPP Director Nicole Sitaraman briefly talk about the ways that OPP can assist you. Currently, FERC has several open comment periods on different proceedings. If any of these proceedings may impact you, please submit comments to FERC about how they may affect you, your land, or your community. Implementation of Dynamic Line Ratings (Docket No. RM24-6-000) - Written comments due by 5:00 EDT on Tuesday, October 15, 2024 Rio Grande LNG terminal and Rio Bravo pipeline (Docket Nos. CP16-454-000, CP16-455-000, CP20-481-000) and the Texas LNG terminal (Docket No. CP16-116-000) projects in Cameron County, Texas - Written comments due by 4:00 p.m. CDT on Tuesday, October 15, 2024 Gulfstream LNG Project in Plaquemines Parish, Louisiana (Docket No. PF24-5-000) - Written comments due by 4:00 p.m. CDT on October 21, 2024 - 2 upcoming virtual scoping sessions: 1. Wednesday, October 16, 2024 from 6:00 – 8:00 p.m. CDT (Call in number: 1-888-810-4938). 2. Thursday, October 17, 2024 from 11:00 a.m. – 1:00 p.m. CDT (Call in number: 1-888-810-4938) Pushmataha County Pumped Storage Hydroelectric Project in Pushmataha County, Oklahoma (Docket No. P-14890-000) - Written comments due by 4:00 p.m. CST on November 5, 2024 ATCE Petition for Rulemaking and Intent to Hold Tribal Consultation Meetings (Docket No. RM24-9) www.ferc.gov/ATCE-petition - 2 virtual consultation sessions: 1. Monday, October 28, 2024 from 2:00 – 4:00 p.m. EDT. 2. Monday, November 4, 2024 from 2:00 – 4:00 p.m. EDT. - Written comments due by 5:00 p.m. EST on November 18, 2024 White Pine Pumped Storage Hydropower Facility in White Pine County, Nevada (Docket No. P-14851-003) - 2 upcoming in-person scoping meetings: Tuesday, October 22, 2024 at Bristlecone Convention Center (150 6th Street, Ely, Nevada 89301) from 9:00 – 11:00 a.m. PDT and 7:00 – 10:00 p.m. PDT. - Written comments due by 5:00 p.m. EST on November 22, 2024 If you have questions about how to participate at FERC or submit comments, please contact us by phone at 202-502-6595 or by email at [email protected].

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As global efforts intensify to meet greenhouse gas emission reduction goals, Texas emerges as a crucial player in hydrogen development. The recent designation of the Gulf Coast Hydrogen Hub by the Department of Energy (DOE) highlights Texas’s substantial role. Our White Paper, "Navigating the Regulatory Landscape for Hydrogen Transportation in Texas" prepared by Michelle Castaline, Thomas Donadio, Lorrie Marcil, and Daniel Mullen from Steptoe LLP, in partnership with the Center for Houston's Future, examines the regulatory frameworks governing hydrogen pipeline transportation at both federal and state levels. Visit our website to read “Navigating the Regulatory Landscape for Hydrogen Transportation in Texas.”

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It's been a crazy week at the Supreme Court, hasn't it? Please join us for our upcoming webinar examining the broad implications of Loper Bright Enterprises and Jarkesy, followed by breakout sessions by industry group for deeper discussions. ‎ Schwabe

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