View Recent Blog Posts in Environmental Litigation

  • EPA Delays Effective Date of RMP By R. Lee Vail, P.E., Ph.D. On February 28, 2017, the EPA received a petition from the “RMP Coalition” for reconsideration and a request for a stay from the amendments to the RMP rule. The RMP Coalition consists of several affected industry trade groups, manufacturing groups, and the Chamber of Commerce of the United States [...] Continue Reading... ....
  • EPA RMP Requirements: Information Availability By Lee Vail, P.E., Ph.D. On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the Risk Management Plan Program (“RMP”) Rule . On January 13, 2017, the EPA published a new final rule.  This is the final article in a series that addresses five major changes: root cause analysis for near misses, third-party audits, [...] Continue Reading... ....
  • United States Fifth Circuit Upholds Dismissal of Flood Protection Authority Case Against Oil and Gas Industry Members By Trey S. McCowan, Claire E. Juneau, and Tyler Moore Kostal On March 3, 2017, the United States Fifth Circuit Court of Appeals issued its long-awaited opinion in the matter of Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East, et al. vs. Tennessee Gas Pipeline Company, LLC, et al., No 15-30162, Slip Op. [...] Continue Reading... ....
  • Effective Immediately, EPA Withdraws Information Collection Request for Methane Emissions from Existing Oil & Gas Sources By Brittany Buckley Salup On March 2, 2017, the EPA withdrew its information collection request (ICR) regarding methane emissions from existing oil and gas facilities.  EPA finalized and issued the underlying ICR on November 10, 2016.  Since that time, EPA sent letters to thousands of owners and operators in the oil and gas industry, requiring [...] Continue Reading... ....
  • EPA RMP Requirements: Third Party Audits and Privilege By Lee Vail, Ph.D., J.D. On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the Risk Management Plan Program (“RMP”) Rule.  On January 13, 2017, the EPA published a new final rule.  This a second in a planned series that will address five major changes:  root cause analysis for near misses, third-party audits, [...] Continue Reading... ....
  • EPA RMP Requirements: Root Cause Analysis for Near Misses By R. Lee Vail, P.E., PH.D. On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the Risk Management Plan Program (“RMP”) Rule. On December 21, 2016, the EPA disclosed its changes via a Pre-Publication Copy.  A series of blogs are planned to address five major changes: root cause analysis for near misses, third-party [...] Continue Reading... ....
  • EPA Amends the Risk Management Program (RMP) Rule By Lee Vail On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the RMP Rule . On December 21, 2016, the EPA disclosed its changes via a Pre-Publication Copy. In the proposed rule, the EPA essentially agreed that the scope and trigger for post incident investigation was not universally understood or applied. The final [...] Continue Reading... ....
  • U.S. District Court for the Middle District of Louisiana Suspends Legal Delays Due to Flooding By Brittany Buckley Salup Chief Judge Brian Jackson issued an “Omnibus Order Suspending All Deadlines” for cases pending or to be filed in the U.S. District Court for the Middle District of Louisiana.  The Order explains that the court has been inaccessible—a key term in the Federal Rules of Civil and Appellate Procedure—since August 12, [...] Continue Reading... ....
  • The Flood of 2016: Governor Edwards Amends Executive Order Suspending Running of Prescription, Peremption, and Legal Delays By Claire Juneau On August 17, 2016, Governor Edwards amended Executive Order JBE 2016-57 which had suspended the running of prescription, peremption, and all legal delays from August 12, 2016 until September 9, 2016. The amendment to Executive Order JBE 2016-57 modifies the suspension of deadlines as follows: Liberative prescription and peremptive periods continue to [...] Continue Reading... ....
  • Louisiana Department of Environmental Quality Provides Relief and Guidance Under Emergency Administrative Order for August 2016 Flood By Maureen Harbourt On August 12, 2016, the Secretary of the Louisiana Department of Environmental Quality issued an Emergency Administrative Order to provide relief from otherwise applicable state-issued environmental permit terms and rules in order to manage the situations created by the unprecedented flooding in southern Louisiana. The Order is available here.  The Order applies [...] Continue Reading... ....