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Energy and Natural Resources Litigation  
American Bar Association Energy and Resources Committees

Energy and Natural Resources Litigation


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Vol. 3, No. 2, March 2015

Message from the Chairs
Brandon Barnes and Brittany Tofinchio...1

Texas Railroad Commission Amends Rules Governing Injection Wells
Barclay Nicholson and Jim Hartle...3

Update on Local Regulation of Oil and Gas Operations in Colorado
David R. Little...6

California’s Efforts to Regulate Hydraulic Fracturing Stimulates Litigation Flurry
Michael N. Mills and Shannon L. Morrissey...9

Hydraulic Fracturing: Brazilian Environmental Legal Aspects and Current Scenario
Leonardo Munhoz...11

BP Continues Attempt to Have Claims Administrator Ousted
Brittany Tofinchio...15

What’s in a Definition? Potentially Quadruple the Fine for BP Under the CWA
Danielle Schreiber...17

Restoring Beyond the Shore
Ivy Fredrickson...19

Vol. 3, No. 1, December 2014


Message from the Committee Co-Chairs

Brittany Tofinchio and Brandon Barnes…1


Out of Sight, Out of Mind: Montara—The Australian Version of Deepwater Horizon

Simon Kieser…3


Application of Causal Analysis in Litigation to Identify Sources of Ecological Damage

Ann Michelle Morrison, Sc.D., and Charles Menzie, Ph.D. …6


Frac Sand Forecasts

Joseph Russell…8


EPA Excess Emissions Sip Call Affects Facilities in 38 States

Susan L. Stephens, B.C.S. …10


Courts Defer to Agency in Face of Challenges to Solar Power Development

Jessica Zalin…13


Ninth Circuit Limits Deference Owed to States Seeking Judicial Approval of CERCLA Decrees

Christopher D. Thomas…16


’Til the Well Runs Dry: Administrative Record Preparation Cost Recovery Under the California Environmental Quality Act

Mitchell M. Tsai…18


Vol. 2, No. 3 - July 2014

Message from the Committee Chair
David Johnson…1

The Greenhouse Gas Performance Standard for Existing Power Plants: What It Means for Clean Air Act Litigation
Madeline P. Fleisher…3

Vol. 2, No. 2 - May 2014

Joint issue with the International Environmental and Resources Law Committee, and Marine Resources Committee

Message from the Chairs
David S. Johnson, Eric S. Andreas, Andrew B. Schatz, and Kim N. Smaczniak…1

Integrated Arctic Management: A Key to Balancing Development in the Arctic with Environmental and Native Communities’ Stewardship
Andrew Hartsig and Adena Leibman…3

Seas in Flux: Upcoming Changes in the Arctic Regulatory Environment for Offshore Oil and Gas Drilling
Amy Chasanov and Sarah Bordelon…6

Regime Change: Transferring Emissions Jurisdiction on the Arctic Outer Continental Shelf
John Cossa…9

Innovation and Regulation: Improving Oil Spill Disaster Relief Technology in the Arctic
Ben Lowenthal…12

The Sovereignty of Nations in a Thawing Arctic
Kathryn Ely…15

China Positions for Arctic Access
Carolyn Clarkin…18

Vol. 2, No. 1 - December 2013


Message from the Committee Chair
David Johnson…1

What You Didn’t Say: Implied Obligations at the Cutting Edge of Natural Gas Development
Barry C. Bartel…1

“Sue and Settle”: Rulemaking Through Litigation Behind Closed Doors
Bennett E. Resnik…6

New Laws Promote Development of Small Hydropower Projects
Debbie A. Swanstrom and Andrea I. Sarmentero Garzón…9

Offshore Wind Update
Maggie Palmer…11


Vol. 1, No. 3 - August 2013


Message from the Committee Newsletter Vice Chair

Brittany Tofinchio…1


Lease Contests in the West Virginia Shale Plays

Joseph V. Schaeffer…1


How and When an Operator Can Avoid Owing Fiduciary Duties to Working Interest Holders

Ben Allen …5


State Appeals Court Upholds New York Town’s Oil and Gas Activity Ban

Damian Privitera…8


EPA’s Illegal Rules Prohibiting Blending and Bacteria Mixing Zones Vacated

John C. Hall and Keisha M. Sedlacek…9

Vol. 1, No. 2 - April 2013


Message from the Committee Chair

David Johnson…1


In First Place, Coming in at $1.256 Billion Dollars, We Have BP! In Second Place, Coming in at $400 Million Dollars, We Have Transocean! World Record-Breaking Criminal Fines for World Record-Breaking Environmental Crimes

Danielle Schreiber1


BP Fuel Dealers’ Claims Still Alive? Federal Judge Hints at Tourism Decline as Vehicle for Lawsuit While Dismissing Brand Depreciation Allegations

Katelyn B. Atwood5


MDL 2179: A Court’s Containment of the Deepwater Horizon Litigation Gusher

Esther Berezofsky and Maria C. Janoski6


Collateral Damage or Collateral Opportunists? The Litigation Side Shows in the Shadows of the Main Event

Mark D. Christiansen9


Litigation Challenges to the 2010 Deepwater Drilling Suspension: An Overview

Matthew A. Dekovich11


Fraudulent Claims of Damages Arising from Deepwater Horizon Oil Spill and the Results of Investigations by the Feds

Michelle Simard14


The RESTORE Act: Fund Allocation, Land Acquisition, and Judicial Review

Regine C. Baus16


Vol. 1, No. 1 - February 2013

Message from the Committee Chair

David Johnson…1


The Status of Aggregation Under the Clean Air Act

Jonathan Skinner…1


Effect of Third-Party Participation on Phosphate Mine Permitting in Florida

Susan L. Stephens and Timothy M. Riley…5


Wind Power Takes Off

Maggie Palmer…7


Global Warming Lawsuits Get Chilly Reception in Federal Court

Dustin T. Till…9


Hydraulic Fracturing Frenzy: What’s Up?

Barclay R. Nicholson…13


District Court Judge Dismisses Suits Challenging Delaware River Basin Commission’s Proposed Hydraulic Fracturing Regulations

Benjamin Lowenthal…18

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Historically, the Energy Committees Newsletter was a cooperative effort of many of the Section's energy committees. While this publication has been discontinued, the archives of the articles contained in this newsletter nevertheless provide insight into hot topics and key issues of interest. You may access the most recent editions of the Energy Committees Newsletter here.

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