Perkins Coie provides a full range of legal services to the oil and gas industry.
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Publications
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07.31.2023Council on Environmental Quality Proposes Phase Two Revision to Its NEPA Implementing RegulationsUpdatesThe Council on Environmental Quality has proposed further amendments to its National Environmental Policy Act implementing regulations as part of its phased rulemaking initiated in 2021.
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06.08.2023Substantive NEPA Amendments in the Debt Ceiling BillUpdatesThe Fiscal Responsibility Act, colloquially known as the Debt Ceiling Bill, was signed into law by President Joe Biden over the weekend and contains several amendments to the National Environmental Policy Act. These are the most substantive amendments to NEPA since the statute was enacted more than 50 years ago.
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03.07.2023DOJ Announces Shift Toward Corporate Enforcement for Sanctions and Export Control ViolationsUpdatesDeputy Attorney General Lisa Monaco delivered groundbreaking remarks at the American Bar Association National Institute on White Collar on March 2, 2023, heralding a new era of corporate enforcement aimed at addressing U.S. national security priorities.
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03.02.2023The Biden Administration’s National Cybersecurity Strategy: Impact on the Private SectorUpdates
The Biden Administration released its National Cybersecurity Strategy on March 1. The Strategy breaks with past precedent and emphasizes regulatory mandates and imposing liability, in addition to enhancing voluntary information-sharing and development of best practices. The Strategy will particularly affect critical infrastructure and cloud service providers.
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02.02.2023Washington State Implements Major Programs To Reach Climate GoalsUpdatesTwo climate-related regulatory programs impacting business and industry in Washington state took effect on January 1, 2023. First, the Climate Commitment Act (CCA) introduces an economywide emissions cap-and-invest program. Second, the Clean Fuels Program will regulate transportation emissions. Together, these programs are intended to help the state reach ambitious statutory emissions reductions targets, including a goal of achieving a 95% reduction in greenhouse gas emissions below 1990 levels by 2050.
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01.11.2023The Biden Rule: Redetermining Where Water Ends and Land BeginsUpdatesThe U.S. Environmental Protection Agency and the U.S. Department of the Army jointly announced on December 30, 2022, the latest final rule that attempts to define “waters of the United States” under the Clean Water Act. The Rule will take effect 60 days after its publication in the Federal Register.
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01.10.2023CEQ Issues Guidance on Evaluating Greenhouse Gas and Climate Change Effects Under NEPAUpdatesThe Council on Environmental Quality published guidance on how to evaluate greenhouse gas emissions and climate change under the National Environmental Policy Act.
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09.12.2022CISA Seeks Input on New Cybersecurity Reporting RequirementsUpdatesPresident Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 on March 15, 2022. CIRCIA solicits public comment for 60 days, beginning September 12, 2022.
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07.20.2022Just Short of a Rule: Washington State’s Recommendations on PFAS Cleanup LevelsUpdatesThe Washington State Department of Ecology recently released a focus sheet that provides Ecology’s recommended soil and groundwater cleanup levels for a group of chemical compounds known as per- and polyfluoroalkyl substances.
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04.08.2022Answers to Common Questions Regarding New CIRCIAUpdatesPresident Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 on March 15, 2022.
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03.31.2022Labor Law Today—2021 Year in ReviewUpdatesPerkins Coie is pleased to present the third edition of Labor Law Today —Year in Review, highlighting the past year’s most noteworthy developments.
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03.21.2022Recent Developments in US Sanctions and Export Controls Targeting RussiaUpdatesFollowing Russia’s recognition of breakaway regions in Ukraine and full-scale invasion of the country, authorities in the United States, United Kingdom, European Union, and across the globe imposed a sweeping array of trade and economic sanctions, export controls, and other financial countermeasures.
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02.02.2022
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11.05.2021Frequently Asked Questions on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary StandardUpdatesThe U.S. Department of Labor’s Occupational Safety and Health Administration issued its long-awaited emergency temporary standard requiring all employers with a total of 100 or more employees to mandate vaccination and/or weekly COVID-19 testing. OSHA also released a comprehensive FAQ to address questions.
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10.12.2021Council on Environmental Quality Proposes Revisions to 2020 NEPA RegulationsUpdatesThe Council on Environmental Quality has proposed amendments to its 2020 NEPA implementing regulations, adopted during the waning days of the Trump administration.
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08.19.2021FAST-41 Environmental Review and Permitting Process Changes in the Senate Infrastructure BillUpdates
Title VIII of the Infrastructure Investment and Jobs Act (H.R. 3684), the infrastructure bill recently passed by the U.S. Senate, includes several important amendments to Title 41 of the Fixing America’s Surface Transportation (FAST) Act, or FAST-41, which have the potential to significantly reform the federal environmental review and permitting process for covered infrastructure projects.
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01.15.2021Army Corps Reissues Clean Water Act Nationwide Permits With Energy, Infrastructure Project ImplicationsUpdatesThe U.S. Army Corps of Engineers published in the Federal Register changes to its Clean Water Act Nationwide Permits (NWPs).
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01.13.2021Labor Law Today—2020 Year in ReviewUpdatesPerkins Coie is pleased to present the second edition of Labor Law Today —Year in Review, highlighting the past year’s most noteworthy developments.
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12.01.2020Federal Permitting Council Proposes Adding Mining Sector Under “FAST-41”UpdatesThe Federal Permit Improvement Steering Council on November 27, 2020, proposed to add mining to the list of infrastructure sectors that are covered by Title 41 of the Fixing America’s Surface Transportation Act (FAST-41).
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11.20.2020Forest Service Releases Narrowly Tailored Update to Its NEPA ProceduresUpdatesThe U.S. Forest Service has released narrowly tailored changes to update its procedures under the National Environmental Policy Act, in the wake of the Council on Environmental Quality’s recent overhaul of the NEPA regulations.
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07.14.2020Supreme Court Revives Clean Water Act General Permit for Pipeline and Utility Line ProjectsUpdatesThe U.S. Supreme Court delivered near-term relief to project developers on June 6, reinstating one of the U.S. Army Corps of Engineers’ key nationwide Clean Water Act permits.
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07.06.2020D.C. Circuit Overturns Decades of Precedent, Finds FERC Cannot Delay Appellate Review With Tolling OrdersUpdatesOn June 30, 2020, in an en banc review, the U.S. Court of Appeals for the D.C. Circuit concluded that the Federal Energy Regulatory Commission cannot delay judicial review of its decisions by issuance of tolling orders.
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04.27.2020Supreme Court Rules Clean Water Act May Regulate Discharges Through Groundwater to Navigable WatersUpdatesUncertainty has long reigned over the reach of the federal Clean Water Act, which applies to “navigable waters,” defined by statute only as “waters of the United States.”
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04.08.2020FERC Takes Further Actions in Response to COVID-19UpdatesThe Federal Energy Regulatory Commission (the commission) took numerous actions on April 2, 2020, to ease regulatory burdens across the electricity, natural gas, and oil pipeline industries in response to the COVID-19 pandemic.
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03.30.2020DOJ Formally Ends Use of Supplemental Environmental Projects in SettlementsUpdatesCompanies should be aware that Supplemental Environmental Projects (SEPS)—voluntary environmental or public health benefit projects in lieu of payment of civil penalties for violation of federal environmental laws—will no longer be available in discussions to resolve and reduce liability for environmental law violations as of March 12, 2020.
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03.12.2020COVID-19 Officially Declared a Global Pandemic: The Practical Impact on EmployersUpdatesOn March 11, 2020, the World Health Organization (WHO) officially declared the outbreak of the coronavirus (COVID-19) a global pandemic.
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02.28.2020Coronavirus (COVID-19) and the Workplace: Practical Considerations and Tips for US EmployersUpdatesEmployers are rightfully concerned about what, if anything, they should be doing to respond to the continued spread of the coronavirus (COVID-19), with confirmed cases in dozens of countries, including the United States.
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02.05.2020Bird Is the Word: US Fish & Wildlife Service Proposes Narrow Interpretation of Migratory Bird Treaty ActUpdatesThe U.S. Fish and Wildlife Service issued a proposed rule on January 30, 2020, that narrowly interprets the protections afforded by the Migratory Bird Treaty Act.
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01.27.2020New Regulations Redefine the Scope of the Clean Water ActUpdatesThe Clean Water Act applies by its terms to “navigable waters,” which the act defines merely as “waters of the United States.”
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01.13.2020White House Proposes Overhaul of NEPA RegulationsUpdatesTaking the next step in its efforts to streamline the environmental review process for projects under federal jurisdiction, the White House Council on Environmental Quality (CEQ) published proposed regulations on January 10 that would revamp the rules implementing the National Environmental Policy Act.
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12.23.2019NLRB Board Scales Back Rules for Fast-Tracking Union Representation ElectionsUpdatesThe National Labor Relations Board announced a number of changes to its representation election rules on December 13, 2019, many of which, to some degree or another, restored elements of the Board’s procedures prior to the 2014 overhaul of these rules.
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07.01.2019Trump Administration Issues Draft Guidance on Greenhouse Gas Emissions Evaluation Under NEPAUpdatesThe Council on Environmental Quality published draft guidance June 26, 2019, on how to assess greenhouse gas emissions under the National Environmental Policy Act, the law that requires environmental impact assessment for projects that receive federal funding or federal approvals.
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03.25.2019Legal Landscape for Coal Ash Ponds Remains in FluxUpdatesFederal environmental law governing coal ash ponds used by many regulated electric utilities remains uncertain after a flurry of recent activity at the Environmental Protection Agency and in the courts.
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01.08.2019Federal Court Requires Additional Environmental Review for Offshore Fracking Off California CoastUpdatesA federal court recently prohibited the U.S. Department of the Interior from approving any plans or permits for offshore fracking off the California coast until it complies with the Endangered Species Act (ESA) and the Coastal Zone Management Act (CZMA).
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12.14.2018Agencies Release Proposed Rule to Limit Clean Water Act JurisdictionUpdatesThe Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018.
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11.29.2018Supreme Court Limits Authority to Designate Critical Habitat Under Endangered Species ActUpdatesIn a unanimous decision with immediate repercussions for the administration of the Endangered Species Act (ESA), the U.S. Supreme Court held that an area is eligible for designation as critical habitat under ESA only if it is also “habitat” for the species within the meaning of the statute.
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Updated 07.25.2018Major Changes Proposed to Endangered Species Act RegulationsUpdatesThe U.S. Fish and Wildlife Service and National Marine Fisheries Service published three proposed rules last week that would revise the regulations implementing portions of the Endangered Species Act.
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06.21.2018CEQ Invites Comments on Potentially Sweeping Changes to NEPA RegulationsUpdatesThe Council on Environmental Quality yesterday issued an advance notice of proposed rulemaking inviting input on potential changes to the CEQ regulations under the National Environmental Policy Act, the federal law that requires environmental impact assessment for projects involving federal funding or other federal approvals.
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05.02.2018U.S. Fish and Wildlife Service Issues Guidance on Endangered Species Act Incidental Take PermitsUpdatesThe U.S. Fish and Wildlife Service issued a guidance memorandum addressing when an incidental take permit may be needed under Section 10(a)(1)(B) of the Endangered Species Act for projects that modify habitat of federally listed species.
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04.19.2018Federal Agencies Sign MOU to Require “One Federal Decision” on Major Infrastructure ProjectsUpdatesOn April 9, 2018, the heads of a dozen federal agencies executed a memorandum of understanding on implementation of Executive Order 13807, which directed federal agencies to expedite environmental review and permitting for major infrastructure projects.
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03.06.2018Natural Gas Importer Sues U.S. Customs for Rejecting NAFTA ClaimsUpdatesAn importer of natural gas from Canada filed suit on February 23, 2018, alleging that U.S. Customs and Border Protection unlawfully denied preferential treatment for its imports under NAFTA.
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01.31.2018White House Proposes to Streamline Environmental Reviews for Infrastructure ProjectsUpdatesThe Washington Post last week reported a leaked White House document that revealed a far-reaching set of proposals to streamline the environmental review process for infrastructure projects.
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01.24.2018Supreme Court Sends Challenges to Clean Water Rule to Federal District CourtsUpdatesIn a unanimous decision on January 22, the U.S. Supreme Court ruled that challenges to the Obama administration’s 2015 Clean Water Rule must be brought in federal district courts rather than directly in the courts of appeals.
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01.02.2018Department of Interior Reverses MBTA’s Take Definition in a New Solicitor’s OpinionUpdatesThe U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of migratory birds applies only to deliberate acts intended to take a migratory bird.
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12.07.2017Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for LitigationUpdates
The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act establishing financial responsibility requirements for certain hardrock mining facilities.
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11.07.2017Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRAUpdatesThe Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean Water Act.
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08.30.2017FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. CircuitUpdatesThe U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines Project.
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08.24.2017Executive Order Aims to Speed Up Environmental Reviews of Infrastructure ProjectsUpdatesPresident Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement under the National Environmental Policy Act.
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08.01.2017Should Infrastructure Project Developers Invoke Streamlined Environmental Review Under FAST-41?UpdatesTitle 41 of the Fixing America’s Surface Transportation Act (FAST-41) includes measures to streamline environmental reviews for certain infrastructure projects.
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06.29.2017Agencies Release Proposed Rule to Rescind Obama-Era Clean Water RuleUpdatesThe Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that it replaced.
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05.30.2017Treaty Obligations to Protect Fish Habitat From Degradation UpheldUpdatesIn July 2016, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable for salmon habitat.
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04.13.2017How the President’s Executive Order Will Affect U.S. Oil, Natural Gas and Coal IndustriesUpdatesPresident Donald Trump’s recently signed Executive Order on Promoting Energy Independence and Economic Growth includes significant revisions to the regulatory landscape both (1) directly in the case of oil and natural gas extraction on federal lands and (2) directly and indirectly in the case of coal mining.
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04.05.2017Executive Order Seeks Sweeping Reversal of Climate Change Policies to Favor U.S. Energy ProductionUpdatesPresident Donald Trump recently signed Executive Order 13783, an omnibus executive order aimed at reducing burdens on further development of domestic energy resources, with “particular attention” to oil, natural gas, coal and nuclear energy resources.
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03.02.2017Executive Order Signals Federal Clean Water Act Jurisdiction Will Be NarrowedUpdatesIn the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S. Army Corp of Engineers to rescind or revise the Obama administration’s 2015 Clean Water Rule.
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01.12.2017Comment Period Begins for EPA CERCLA 108(b) Bonding Rule for Hardrock Mining IndustryUpdates
On January 11, 2017, the EPA's proposed rule for financial assurance requirements under Section 108(b) of the CERCLA for the hardrock mining industry was published in the Federal Register, triggering a 60-day comment period. 82 Fed. Reg. 3388 (Jan. 11, 2017).
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12.22.2016EPA Is All In on Mine BondingUpdatesAfter committing in litigation to a joint schedule to conduct rulemaking for financial assurance requirements under Section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the EPA proceeded with its first regulatory proposal for the hardrock mining industry by releasing its proposed rule on December 1, 2016.
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12.01.2016OSHA’s New Anti-Retaliation Workplace Illness and Injury Reporting Rule: How Employers Can PrepareUpdatesOn November 28, 2016, the U.S. District Court for the Northern District of Texas denied a preliminary injunction that sought to block the nationwide implementation of the new Occupational Safety and Health Administration’s anti-retaliation rule, “Improve Tracking of Workplace Injuries and Illnesses.”
This Update was republished in Law360 on 12.05.2016, "How Employers Can Prep For New OSHA Injury Reporting Rule." -
05.31.2016If At First You Do Not Succeed: Fish and Wildlife Service Tries Again With 30-Year Eagle Act PermitUpdatesOn May 6, 2016, the Fish and Wildlife Service published a proposed rule that would substantially change how the Service administers its conservation and management program under the Bald and Golden Eagle Protection Act.
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03.23.2016U.S. Fish and Wildlife Service Updates Native American Tribe PolicyUpdatesThe U.S. Fish and Wildlife Service announced an updated Native American policy on January 27, 2016, which provides a framework for government-to-government relationships to further the federal government’s trust responsibility to federally recognized tribes to protect, conserve and use tribal resources.
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03.17.2016FWS Proposes Revisions to Development Mitigation PolicyUpdatesThe U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources.
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01.26.2016Arizona Supreme Court Affirms ADWR’s Approval of Mining Company’s Request to Sever and Transfer Its Surface Water RightsUpdatesThe Arizona Supreme Court, in Arizona Department of Water Resources v. Hon Crane McClennen in and for the county of Maricopa, No. CV-15-0223-SA, reversed a ruling from Judge McClennen of the Superior Court of Maricopa County on November 12, 2015, vacating the Arizona Department of Water Recourses’ (ADWR) approval of Freeport Minerals Corporation’s (Freeport) application to sever water rights it owned which were appurtenant to Planet Ranch in Mohave County and to transfer such rights to other areas.
Presentations
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05.05.2022
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02.16.2021
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09.30.2020The Future of Pipelines: A Rocky Road for New Projects?Speaking EngagementsEnvironmental Law Institute / Webinar
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01.23.2020Moving Forward to Optimize the Role of Natural Gas on the Future GridSpeaking EngagementsModerator
EUCI Conference / Denver, CO -
01.22.2020The Changing Regulatory Legal Landscape for Natural GasSpeaking EngagementsEUCI Conference / Denver, CO
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12.2015Energy in AlaskaSpeaking EngagementsAnchorage, AK
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09.2015AK Oil and Gas CongressSpeaking EngagementsAnchorage, AK
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05.27.2015Keys to Successful Arctic Offshore OperationsSpeaking EngagementsPanelist
Arctic Offshore Operations Conference / Anchorage, AK -
12.08.2014Energy Markets and Regulation ConferenceSpeaking EngagementsAnchorage, AK
Blog
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On March 25, 2020, the National Governors Association (NGA) issued a memo that provides guidance on how governors can support and protect the energy industry during the COVID-19 pandemic. The NGA memo addresses three issues Governors should consider in supporting continuity of service by energy providers, including (1) ensuring critical energy infrastructure employees can be... Continue Reading…
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PHMSA Issues Stay of Enforcement for Pipeline Operators Due to COVID-19 Outbreak
Authored by Pamela J. Anderson The Pipeline and Hazardous Materials Safety Administration (PHMSA) is continuing to monitor the effects the COVID-19 outbreak is having on the nation’s pipeline operations. As a result, on March 20, 2020, PHMSA released a Notice of Enforcement Discretion under which it will provide relief with respect to operator qualification and control... Continue Reading…
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PHMSA Issues Guidance to State Pipeline Safety Programs Regarding COVID-19
Authored by Pamela J. Anderson In light of the recent actions taken by federal, state, and local government agencies in response to the current COVID-19 outbreak, the Pipeline and Hazardous Materials Safety Administration (PHMSA) is providing guidance to its state pipeline safety partners on ways to continue to effectively execute their shared pipeline safety mission.... Continue Reading…
