The general rule under Louisiana law has long been that any activity that results in emissions of air pollutants must obtain an air permit from the Louisiana Department of Environmental Quality (LDEQ) unless a specific exemption applies. There are a few broad statutory and regulatory exemptions, such as activities conducted on residential property (with minor
Kean Miller
SEC Changes the Regulatory Landscape of Intrastate and Regional Securities Offerings – Rule 147 Amendments Become Effective April 20, 2017
By Kean Miller on
Posted in Business and Corporate
On October 26, 2016, the SEC adopted final rules that (1) modernize Rule 147, (2) create a new Rule 147A, (3) amend Rule 504, and (4) repeal Rule 505 (collectively, the “Amendments”). The adopting release can be found here. Several of the significant changes brought about by the Amendments are broadly summarized below.
Modernization…
Delaware Court of Chancery Provides Additional Guidance on the Application of the Business Judgment Rule in the Context of a Controller Buyout
By Kean Miller on
In In re Books-A-Million, Inc. Stockholders Litigation, the Delaware Court of Chancery dismissed a suit by minority stockholders (the “Plaintiffs”) alleging that several fiduciaries breached their duties in connection with a squeeze-out merger (the “Merger”) through which the controlling stockholders of Books-A-Million, Inc. (the “Company”) took the Company private.[1] The decision, authored by Vice…
EPA Delays Effective Date of RMP
By Kean Miller on
On February 28, 2017, the EPA received a petition from the “RMP Coalition” for reconsideration and a request for a stay from the amendments to the RMP rule. The RMP Coalition consists of several affected industry trade groups, manufacturing groups, and the Chamber of Commerce of the United States of America. The petition asserts that:…
EPA RMP Requirements: Information Availability
By Kean Miller on
On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the Risk Management Plan Program (“RMP”) Rule . On January 13, 2017, the EPA published a new final rule. This is the final article in a series that addresses five major changes: root cause analysis for near misses, third-party audits, inherently safer technology,…
Effective Immediately, EPA Withdraws Information Collection Request for Methane Emissions from Existing Oil & Gas Sources
By Kean Miller on
On March 2, 2017, the EPA withdrew its information collection request (ICR) regarding methane emissions from existing oil and gas facilities. EPA finalized and issued the underlying ICR on November 10, 2016. Since that time, EPA sent letters to thousands of owners and operators in the oil and gas industry, requiring them to complete surveys…
EPA RMP Requirements: Emergency Response Preparedness Requirements
By Kean Miller on
Posted in OSHA, Process Safety Management
On March 14, 2016, Environmental Protection Agency (“EPA”) proposed changes to the Risk Management Plan Program (“RMP”) Rule . On January 13, 2017, the EPA published a new final rule. This a fifth in a planned series that will address five major changes: root cause analysis for near misses, third-party audits, inherently…
United States Coast Guard Updates CG-2692 Marine Casualty Reporting Form for 2017
By Kean Miller on
Posted in Admiralty and Maritime
By the Admiralty and Maritime Team
U.S. Coast Guard Form 2692 has been used for over forty (40) years to report marine casualties, commercial diving casualties, or outer continental shelf related causalities. Recently, the Form received a long overdue update. The new version of the form, effective as of 2017, is available here as well…
The Pros, Cons and Quirks of Arbitration
By Kean Miller on
Posted in Alternative Dispute Resolution, Construction Law
By the Kean Miller Construction Team
Conventional wisdom holds that arbitration is a more preferable mechanism for dispute resolution than full-blown litigation in the court system. Knowing nothing else about the particulars of a particular dispute, if arbitration is available as an alternative to state or federal litigation, we generally advise our clients to arbitrate.…
Petroleum Refineries are back in OSHA’s National Emphasis Program (NEP) – New NEP to Apply to All
By Kean Miller on
Posted in OSHA, Process Safety Management
Effective January 17, 2017, the Occupational Safety and Health Administration (OSHA) issued new instructions concerning its National Emphasis Program (NEP) as it relates to chemical process subject to Process Safety Management (PSM). See Directive Number CPL-03-00-021. PSM requirements are codified at 29 CFR 1910.119. Prior NEPs were implemented for Petroleum Refining in 2007 and…