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Articles: 1-9 of 9

New Suit over “Reef-Friendly” Alba Botanica Sunscreen Illustrates the Pitfalls of Advertising a Company’s Environmental Friendliness

USA - November 11 2021 A new false advertising case against the maker of Alba Botanica sunscreen demonstrates the risks of marketing a company's environmental credentials…

State of Play on Clean Water Act “Waters of the United States” Jurisdiction

USA - October 15 2021 On August 30, 2021, in Pasqua Yaqui Tribe et al. V. EPA et al. (Case No. 4:20-cv-00266-RM, Dkt. 99), the U.S. District Court in Arizona vacated the…

The Right Way to Obtain Multi-Line Rights in a Right-of-Way Transaction in Texas

USA - October 1 2021 There are many misconceptions about how multi-line rights are created in Texas. Contrary to popular belief, a multiple pipeline right-of-way cannot…

You Don’t Own Me: 8th Circuit’s Definition of ‘Direct Ownership Interest’ in Wind Farms Excludes Parent Entities

USA - September 15 2021 Ownership changes at the parent-company level do not constitute a transfer of “direct ownership interests” in distant subsidiaries, a unanimous panel…

The Section 401 Water Quality Certification Program and Its Impacts on Energy and Infrastructure Projects

USA - September 10 2021 Section 401 of the Clean Water Act (CWA) requires applicants for federally permitted projects “that may result in any discharge into the navigable…

Easing the Path Toward Carbon Sequestration: Revenue Ruling 2021-13

USA - August 26 2021 On July 1, 2021, the IRS released Revenue Ruling 2021-13 (Rev. Rul. 2021-13). That ruling (i) provided an example of the functionality-based…

President Biden’s Plan for the Carbon Sequestration Tax Credit

USA - August 25 2021 Investment in Section 45Q tax partnerships may soon increase rapidly as the Biden administration aims to increase the Section 45Q tax incentive for…

Monetizing the Section 45Q Tax Credit: The Key to Carbon Sequestration

USA - August 23 2021 If there is to be rapid progress in limiting the increase of carbon dioxide (CO2) in the atmosphere, it will depend substantially on federal tax…

No Takebacks: Consequences of Choosing the Path of Litigation

USA - August 4 2021 A Houston oil and gas consulting firm waived its right to compel arbitration in a long-standing dispute given its “persistent pursuit of litigation,”…