Faegre Drinker Biddle & Reath LLP, a Delaware limited liability partnership | This website contains attorney advertising.
2018

Public Upstream Oil and Gas Company Successfully Resolves State Clean Air Act Claims, Defends Against Overlapping Federal Claims in Indian Country

North America - United States | North America | United States - North Dakota

Leveraging our oil and gas industry experience, in-depth Clean Air Act acumen and Indian Country experience, our firm represents one of the largest Denver-based upstream oil and gas companies in Clean Air Act matters in North Dakota’s Bakken play, where opportunity meets compliance in complex ways that require careful and strategic planning and response. Our firm resolved state claims that multiple of the oil and gas company's well-pad facilities had violated regulations governing volatile organic compound emissions and flaring, based on a novel settlement approach that employed a discounted penalty scheme and no up-front injunctive relief. 

The client is also defending against claims for similar issues arising on an Indian Reservation, where EPA has jurisdiction. Our firm is leveraging its significant Clean Air Act litigation and permitting experience for clients operating in Indian Country to represent the oil and gas company on this matter.