In This Issue

Environment

A Stepped Approach to Successful NRD Alternative Dispute Resolution

The key to successful application of ADR to environmental disputes of the magnitude of the Deepwater Horizon oil spill is the implementation of a systematic or stepped ADR approach that employs formal ADR tools, such as public participation and facilitation, prelitigation mediation, postclaim mediation, and various forms of issue-specific arbitration to reduce, mitigate and, possibly, eliminate the volume and impact of the inevitable flood of litigation arising out of NRD actions.

Environment

Aggregation of Oil and Gas Wells Under the Clean Air Act: New Horizons from EPA and the Courts

EPA’s policy of aggregating multiple emission points into a single “stationary source” for permitting purposes is coming under fire. The Agency’s use of an “interrelatedness” test for aggregation, formally rejected in its CAA regulations but resurrected through informal source determinations, is facing stiff opposition from the oil and gas industry.

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Insights