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Energy and Natural Resources Blog

Welcome to the Holland & Knight Energy and Natural Resources Blog, featuring news and analysis related to energy and natural resource litigation and regulation.

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Tabasco is known for being one of Mexico's oil states, with a very developed industry and fields. As such, the federal Port Authority Dos Bocas (API Dos Bocas), located in the southeast of the Gulf of Mexico, has an industrial and oil calling, and is a major node of the Pemex logistic network. Recently, because of oil rounds, there is increasing activity of exploration and production of oil.
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In an announcement that took many by surprise, Commissioner Robert Powelson on Thursday made public his plan to depart the Federal Energy Regulatory Commission at the end of August, just one year after his confirmation. Powelson will assume the role of President and CEO of the National Association of Water Companies.
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June 29, 2018
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On June 19, 2018, the Massachusetts Department of Environmental Protection (DEP) Bureau of Waste Site Cleanup (BWSC) issued its Interim Guidance on Sampling and Analysis for PFAS at Disposal Sites Regulated under the Massachusetts Contingency Plan (MCP Guidance).
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The Department of Energy's (DOE) recent study on liquefied natural gas (LNG) mentioned in a previous blog post was good news for LNG exporters. The study found that across the entire range of scenarios, U.S. economic output is higher whenever global markets call for higher levels of LNG exports, assuming that LNG exports are unconstrained.
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June 22, 2018
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On June 12, 2018, the Office of Fossil Energy of the Department of Energy (DOE) filed a Notice in the Federal Register seeking comments prior to July 27, 2018 on its recently released study, entitled Macroeconomic Outcomes of Market Determined Levels of U.S. LNG Exports.
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June 12, 2018
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On May 30, 2018, the White House released a key report, entitled "Assessment of Electricity Disruption Incident Response Capabilities," which was required by the May 2017 White House Cybersecurity Executive Order 13800 discussed in a prior blog. The report, written by the U.S. Departments of Homeland Security (DHS) and Energy (DOE), reviews the state of preparedness by the electricity sector and its ability to manage cybersecurity attacks, with a focus on how such respective attacks would impact other sectors.
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June 5, 2018
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On May 23, 2018, the Massachusetts Department of Environmental Protection (DEP), in conjunction with the Massachusetts Department of Fire Services (DFS), announced a program to inventory and dispose of pre-2003 firefighting foam potentially containing perfluorooctane sulfonate (PFOS) and structurally related compounds known as poly- and perfluoroalkyl substances (PFAS).
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The Boston Green Ribbon Commission just released its 250-page Report on Feasibility of Harbor-wide Barrier Systems, finding that shore-based climate adaptation solutions have significant advantages over harbor-wide strategies for Boston and surrounding communities.
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May 31, 2018
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On May 23, 2018, the Designation Decision for the South Boston Designated Port Area (DPA) was published in the Environmental Monitor. It marks one step, but not the end of the journey, for the owner and developer of the former Boston Edison Power Plant (BECO Plant) which was decommissioned in 2007, who sought in June of 2017 to have its property, previously located within the South Boston DPA, reviewed under applicable Massachusetts regulations, 301 CMR 25.00, to determine if it continued to meet applicable criteria.
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May 29, 2018
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On May 7, 2018, the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) finally responded to the Petition for Rulemaking filed by the Association of American Railroads (AAR).
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May 15, 2018
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In a landmark decision that continues California's trend of leading the nation in clean-energy initiatives, the California Energy Commission voted unanimously on May 9, 2018, to require solar panels on all new single-family homes and apartment buildings that are three stories or less starting in 2020. The decision is aimed at furthering the use of renewable energy in the state and decreasing greenhouse gas emissions.
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The Federal Energy Regulatory Commission (FERC, or Commission) unanimously voted at its April 19, 2018, open meeting to open a new Notice of Inquiry (NOI) seeking input on whether – and, if so, how – it should update its existing policies and procedures1 for reviewing and issuing authorizations to interstate natural gas transportation facilities under Section 7 of the Natural Gas Act (NGA).
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The U.S. Senate Committee on Environment and Public Works held a hearing on April 18, 2018, entitled “The Appropriate Role of States and the Federal Government in Protecting Groundwater.” The focus of the hearing was the federal government’s proper role in regulating groundwater pollution under the Clean Water Act (CWA), including whether a permit under the National Pollution Discharge Elimination System (NPDES) should be required to cover sources of pollutants that enter groundwater and then move into surface waters covered under the CWA as “waters of the United States.”
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April 24, 2018
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A moratorium against the conversion or closure of gas stations in the District of Columbia has come under constitutional attack. The property owners have won the first round.
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At its April 19, 2018 open meeting, the Federal Energy Regulatory Commission (FERC) unanimously voted to open a new Notice of Inquiry (NOI) seeking input on whether it should update its existing policies and procedures for reviewing and issuing authorizations to interstate natural gas transportation facilities under Section 7 of the Natural Gas Act.
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April 19, 2018
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On March 28, 2018, the Office of the Inspector General (OIG) of the U.S. Environmental Protection Agency (EPA) issued a Project Notification indicating its plans to begin preliminary research to evaluate the EPA’s implementation and enforcement of the Lead-Based Paint Renovation, Repair and Painting Rule (RRP Rule).
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April 9, 2018
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Two recent developments have the potential to significantly impact governmental enforcement actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), the Clean Water Act and the Clean Air Act, among other environmental programs.
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March 13, 2018
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A recent Boston Globe editorial entitled “Gas-by-train? Beacon Hill opens the door” suggests that liquefied natural gas (LNG) may be arriving by train to New England from the shale gas region in Pennsylvania in the future.
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March 13, 2018
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On February 20, 2018 the U.S. Environmental Protection Agency (EPA) published a Request for Comment in the Federal Register seeking comments on a broad range of topics related to the question of whether the Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) should be used to regulate discharges of pollutants to groundwater which have a direct hydrologic connection to surface water.
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February 23, 2018
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The President’s FY 19 Proposed Budget, issued on Feb. 12, 2018, featured a heavy focus on the cybersecurity risks to the nation’s critical infrastructure and included budget increases for cyber specific missions within agencies who support Critical Infrastructure (CI).
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February 15, 2018
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