Oil and Gas Environmental and Regulatory Institute
About this Course
With the change in administration, the always evolving world of environmental regulation has only become more complex. Join EMLF for three days of timely topics addressing emerging issues for oil and gas.

Approved for CLE credit in IL, IN, KY, MO, OH, PA, TN, TX and WV. CLE Credit pending in AL, NC, OK, and VA.
This Course Has 6 Sections
  • Introduction and Keynote Session
    The new Biden administration appears poised to take a number of regulatory actions as it seeks to enact its environmental agenda. This presentation will provide a high level overview of what changes to environmental policy we might expect to see over the next four years.
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  • NEPA at 50
    This presentation will focus upon the first major revision of the Council on Environmental Quality NEPA regulations (40 CFR 1500-1508) in over 40 years, published as a notice of proposed rulemaking in January 2020, shortly after the 50th anniversary of the NEPA statute. The regulations were finalized and published on July 16 and effective on September 14, 2020, and were intended to further streamline and modernize NEPA compliance for energy and mineral production and infrastructure projects. How might these rules affect your projects going forward, and what does their future look like in the Biden administration?
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  • Navigating the Definition of Waters of the United States
    The definition of “waters of the United States” has been in flux for more than a decade, with former President Trump being instrumental in the adoption of the current definition in June 2020. This presentation will examine what the current definition entails and what changes may be ahead with the Biden Administration. It will also provide practical tips for how your project may be affected by the definition.
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  • The Future of 401 Certifications
    Section 401 of the Clean Water Act empowers States to certify whether projects subject to other federal approvals (e.g., FERC, Army Corps or Engineers) comply with the State’s water quality standards and also to impose conditions as part of their certification. In recent years, environmental groups and States that are opposed to major infrastructure projects (e.g., interstate natural gas pipelines) have sought to use the Section 401 process to stall or even deny the required certification. The Trump EPA adopted new 401 rules in 2020 in an effort to curtail these maneuvers, but the rules are subject to litigation and are leading candidates to be suspended, rescinded and/or replaced by the new Biden EPA. This session will discuss these developments, try to explain how we got here, and also what is likely to happen next.
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  • Produced Water: a State-by-State Regulatory Approach
    This presentation will begin with an overview of produced water and potential legal issues that may arise, followed by a discussion of the approach being taken toward regulation in several Appalachian states.
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  • Regulatory Potpourri
    A plethora of regulatory issues presented in 20 minute bites. Topics include:
    • Piercing the Corporate Veil for Orphan Well Owners - Brian Pulito, Steptoe & Johnson
    • Endangered Species Act Update- Lauren Bachtel, Hunton Andrews Kurth
    • Recent Pennsylvania Rule of Capture Decision – Jon Beckman, Steptoe & Johnson
    • Health Studies and the Gas Industry – Kathy Condo, Babst Calland
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