DOJ/EPA Officials Deny Significant Changes to SEP Policy Due to Sessions Memo

On August 4, 2017, at the 29th Annual Texas Environmental Super Conference, I heard presentations from Patrick Traylor, Deputy Assistant Administrator for the EPA’s Office of Enforcement and Compliance Assurance and Jeffrey Wood, Acting Assistant Attorney General of the Environment and Natural Resources Division of the U.S. Department of Justice (“DOJ”). These federal officials spoke […]

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In one paragraph, the Texas Supreme Court reiterated that landowners must allow easement holders to conduct their operations, consistent with the easement that they hold. Landowner Must Allow Access for Regulatory Compliance On July 26, 2017, the Court issued an Order directing a trial court to issue any necessary temporary orders to allow Denbury Green […]

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Environmental Integrity Project Continues Hig Profile Texas Activity

The Environmental Integrity Project (“EIP”), a self-described “watchdog organization that advocates for effective enforcement of environmental laws,” has issued a report and filed five lawsuits regarding environmental issues in Texas, all in the month of July.  Groups such as EIP have become more active, and better funded, since the election of President Trump and his […]

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DC Circuit Strikes Parts of EPA’s “Solid Waste” Rule

The U.S. Court of Appeals for the District of Columbia Circuit (“DC Circuit”) eased restrictions on recyclers and generators of recyclable materials by striking parts of the EPA’s latest rule relating to the definition of “solid waste”.  The DC Circuit (with one judge dissenting), issued American Petroleum Institute v EPA, the most recent development in […]

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Ill-Gotten Revenue Is Not Ill-Gotten Profit; Plaintiff Loses $100 Million Award

In Longview Energy v. Huff, the Texas Supreme Court determined that Longview’s evidence of revenue that others received due to an alleged breach of fiduciary duty did not entitle Longview to recover.  Longview needed to prove ill-gotten profit, not just ill-gotten revenue.  Instead of the nearly $100 million found by the jury, Longview gets nothing. […]

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Texas Supreme Court Opinion is a Manual for Handling Discovery Disputes

By issuing In Re: State Farm, the Texas Supreme Court gave lawyers a manual for handling discovery disputes in Texas courts.  The opinion lists seven factors for balancing the requesting party’s need for discovery with the responding party’s claim of burden and cost.  The factors are: Likely benefit of requested discovery; Needs of the case; […]

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