On April 20, 2023, the Chesapeake Bay Foundation announced that a settlement agreement had been reached, subject to court approval, in federal litigation filed by the states of Maryland, Virginia, Delaware, the District of Columbia, and multiple environmental groups against the U.S. Environmental Protection Agency (EPA) seeking to compel enforcement of Pennsylvania’s Chesapeake Bay nutrient
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Shale Law Weekly Review—Week of April 17, 2023
Pipelines: DOT Grants $196 Million for Pipeline Repair and Improvement Projects
On Wednesday, April 5, 2023, the Department of Transportation (DOT) and the Hazardous Material Safety Administration (PHMSA) announced $196 million in grants that will fund 37 projects across 19 states for the purpose of fixing old, leaky pipelines. The main goal of the projects
Agricultural Law Weekly Review—April 17, 2023
Water Quality: North Dakota Federal Court Enjoins WOTUS Final Rule in 24 States
On April 12, 2023, the U.S. District Court for the District of North Dakota issued a preliminary injunction immediately effective in 24 states against the U.S. Environmental Protection Agency’s (EPA) January 2023 WOTUS Final Rule in West Virginia v. U.S. EPA, No. 3:23-cv-00032
Shale Law Weekly Review—Week of April 10, 2023
GHG Emissions: EPA Rubber-stamps New California Regulations for Heavy-duty on Road Vehicles and Engines
On March 30, 2023, the Environmental Protection Agency (EPA) granted two waiver requests sought by the California Air Resource Board (CARB) pertaining to the regulation of heavy-duty on road vehicles and engines. Specifically, CARB sought a waiver of the federal preemption
Agricultural Law Weekly Review—April 10, 2023
Water Quality: Stay Granted in Litigation on Petition to Compel Revision of Clean Water Act CAFO Regulations
On April 3, 2023, the U.S. Court of Appeals for the Ninth Circuit entered an order staying a petition for writ of mandamus filed against the U.S. Environmental Protection Agency (EPA) by several environmental groups, pursuant to a
Shale Law Weekly Review—Week of April 3, 2023
Oil and Gas Leasing: Federal Pause on Oil and Gas Leases on North Dakota’s Public Lands and Waters Overruled
On Monday, March 27, 2023, the District Court of North Dakota decided in favor of a motion for preliminary injunction filed by the State of North Dakota in an ongoing lawsuit against the Department of Interior
Agricultural Law Weekly Review—April 3, 2023
Water Quality: U.S. Supreme Court Asked to Hear Appeal Interpreting Citizen Suit Authority Under Clean Water Act
On January 30, 2023, Dakota Finance LLC (dba Arabella Farms) filed a Petition for Writ of Certiorari with the U.S. Supreme Court in a case which may provide clarity to the applicability of the Clean Water Act (CWA)’s
Shale Law Weekly Review—Week of March 27, 2023
GHG Emissions: European Parliament Adopts Draft Measures to Achieve Zero-emission Buildings by 2050
On Tuesday, March 14, 2023, Members of the European Parliament adopted a proposed amendment to the Energy Performance of Buildings Directive, which now calls for the total decarbonization of buildings in all members states by 2050. In addition to buildings, the revision
Agricultural Law Weekly Review—March 27, 2023
Biosecurity: Pennsylvania Suffers Renewed 2023 HPAI Outbreak, Issues Additional Quarantine Order for Live Bird Market Supply Chain
From February 1, 2023, through March 17, 2023, Pennsylvania has confirmed thirty-two (32) premises, both commercial and non-commercial, infected by highly pathogenic avian influenza (HPAI) in the last eight (8) weeks, totaling approximately 295,000 depopulated birds, primarily smaller
Shale Law Weekly Review—Week of March 20, 2023
Methane Emissions: DOE Offers $47 Million to Fund Methane Emissions Reduction Technologies 
On Monday, March 13, 2023, the Department of Energy (DOE) announced $47 million in funding that will be made available for 22 new projects focused on methane emissions reduction. These projects will develop technologies to detect, quantify, and reduce methane emissions in regions