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Trends and Developments in Energy and Environmental Law

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By: Hunton Andrews Kurth LLP

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Andrea Field
Aaron M. Flynn
Alexandra Hamilton
Alexandra Hamilton
Andrew D. Knudsen
Andrew D. Knudsen
Alexander Schmitt (Toronto)
Arthur E. Schmalz
Andrew J. Turner
Aaron Wilensky
Aaron Wilensky
Alexander Woo
Allison D. Wood
F. William Brownell
F. William Brownell
Brian R. Levey
Brian R. Levey
Brent A. Rosser
Brent A. Rosser
Brian M. Zimmet
Chris Alderman
Colleen P. Doyle
Clare Ellis
Clare Ellis
Chaula Mehta (US)
Charles H. Knauss
Charles H. Knauss
Lucinda M. Langworthy
Lucinda M. Langworthy
Deidre G. Duncan
Deidre G. Duncan
Daniel J. Grucza
Daniel J. Grucza
Dan J. Jordanger
Dan J. Jordanger
David S. Lowman, Jr.
Colleen P. Doyle
Diana P. Martin
Daniel E. Uyesato
Daniel E. Uyesato
Elizabeth E. Aldridge
E. Carter Clements
E. Carter Chandler Clements
Eric M. Hutchins
Eric M. Hutchins
Eric J. Murdock
Eric J. Murdock
Elizabeth Reese
Felicia Barnes
Felicia Barnes
Frederick R. Eames
Frederick R. Eames
Aaron M. Flynn
Gia V. Cribbs
George Cameron (UK)
Geoffrey B. Fehling
George P. Sibley, III
Henry V. Nickel
Hunton & Williams LLP
John J. Beardsworth, Jr.
Julie A. Cress
Julie A. Cress
Julia d’Hemecourt
Julia d’Hemecourt
Jean Fundakowski
Jason J. Kim
Jeffrey N. Martin
Jeffrey N. Martin
Jonathan L. Caulder
Jamie Pereyda
Joseph C. Stanko Jr.
Joseph C. Stanko Jr.
J. Tom Boer
J. Tom Boer
Karma B. Brown
Kristy A. N. Bulleit
Kristy A. Niehaus Bulleit
Kevin J. Finto
Kevin W. Jones
Kerry L. McGrath
Kate Perkins
Lucas Bergkamp
Prof. Lucas Bergkamp
Latosha M. Ellis
Lauren E. Freeman
Lauren E. Freeman
Lori Elliott Jarvis
Lorelie S. Masters
Lydia González Gromatzky
Malcolm C. Weiss
Diana P. Martin
Makram B. Jaber
Makram B. Jaber
Michael S. Levine
Michael S. Levine
Michael J. Messonnier
Michael J. Messonnier
Michael Viner (Toronto)
Malcolm C. Weiss
Nick A. Dantonio
Norman W. Fichthorn
Norman W. Fichthorn
Nash E. Long
Nicholas Ramos
Olivia Molodanof
Parker A. Lee
Paul T. Moura
Penny A. Shamblin
Saeed Teebi (Toronto)
Suedy Alfaro
Shannon S. Broome
Shannon S. Broome
Samuel L. Brown
P. Scott Burton
P. Scott Burton
Sean P. McLaughlin
Shannon Oldenburg
Shemin V. Proctor
Sarah Quiter
Sarah Quiter
Susan F. Wiltsie
Susan F. Wiltsie
Tae Andrews
Todd S. Mikolop
Todd S. Mikolop
Ted J. Murphy
Walter J. Andrews
William L. Newton

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According to the dictionary, a phrase is “ambiguous” if it has more than one meaning. Chevron[1] is frequently cited for the proposition that the presence of “ambiguity” gives an agency the authority to interpret the statute to eliminate the ambiguity. A better view of Chevron is that only the Courts may resolve statutory ambiguity through interpretation. When faced with statutory terms that may be given more than one meaning, courts must determine, applying canons…
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In September 2018, the US Interior Department issued a final rule rescinding the 2016 Venting and Flaring Rule, which took effect November 2018. The old rule, which never went into effect, would have required oil and gas companies to capture leaked methane gas, repair and prevent leaks, and devise new plans to reduce the flaring and venting of natural gas. Following the effectiveness of the new rule, the applicable policies setting limits on releases of…
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2018 was a banner year for M&A activity in the energy space, with numerous high dollar value transactions in the upstream, midstream, downstream and oil field services (OFS) segments. As investors in the public securities markets have shown a significantly decreased appetite for new issuances of equity by energy companies, the preferred exit or growth strategy for 2018 has been through strategic mergers, acquisitions or divestitures. These transactions have manifested themselves in various forms: asset…
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With the Texas Legislature having now convened for the 2019 session, various key environmental issues are anticipated to be the subject of debate and legislative action. Based on bills filed to date, interim charges and recommendations made by the Texas Commission on Environmental Quality (TCEQ), environmental initiatives to be considered are expected to address, among others, the following subjects:…
The US National Ambient Air Quality Standards (NAAQS) are the centerpiece of the US Clean Air Act (CAA) and establish allowable concentration levels for six “criteria air pollutants”: ozone, particulate matter, lead, carbon monoxide, nitrogen dioxide, and sulfur dioxide. The CAA requires the US Environmental Protection Agency (EPA) to review and, as appropriate, revise the NAAQS at least every five years, and EPA has, since 1970, regularly adopted increasingly stringent standards. Whether those revisions have…
On December 20, 2018, the Federal Energy Regulatory Commission (Commission) held its December 2018 open meeting. This was the first meeting for Commissioner Bernard McNamee, who was confirmed by the Senate on December 6, 2018. Given his recent confirmation, Commissioner McNamee voted present on the consent agenda. Commissioner McIntyre was absent due to continuing health issues and did not vote on the consent agenda.…
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Industrial hemp has officially returned as a legal agricultural commodity in the United States.  On December 20, President Trump signed into law the Agriculture Improvement Act of 2018, otherwise known as the 2018 Farm Bill. See PL 115-334, December 20, 2018, 132 Stat 4490. The 2018 Farm Bill re-legalizes the production of hemp after the crop was banned for more than eighty years under federal law.  Hemp is a “cousin” of marijuana; both are…
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The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly referred to as the Superfund law, directed the United States Environmental Protection Agency (EPA) to create a list of the country’s most hazardous waste sites. Sites are proposed to be placed on this “National Priorities List” (or NPL as it is known to environmental law professionals) if they exceed a certain risk score, or Hazard Ranking, and added to the List if the ranking is…
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Last week, the US Environmental Protection Agency (EPA) and US Army Corps of Engineers (Corps) (together, the Agencies) issued a long-awaited proposal to redefine the “waters of the US” (WOTUS) subject to federal regulation and permitting requirements under the Clean Water Act (CWA). The reach of the CWA is notoriously unclear, but knowing which areas on your property are jurisdictional and will require permits is critical to project planning and timelines. If finalized, the proposed…