American Oil and Gas Reporter - February 2016 - 19

IndustryDigest
chosen, in part, because it was deemed
the most environmentally benign
location, and also in light of available
information about nearby control wells.
"The specific location of the project
may be an important aspect of fulfilling
the overall project purpose; therefore,
location can limit what alternatives are
considered practicable," Barbier writes.
"Although practicable alternatives that
do not involve wetlands were presumed
to be available, Helis rebutted that
presumption once it clearly
demonstrated that no off-site alternatives
would be practicable for its project. The
Corps need not analyze alternative sites
that would not be practicable."
Press accounts note that the well
does not yet have a green light because
it is awaiting a decision on the parish's
zoning authority from Louisiana's 1st
Circuit Court of Appeal.
Speaking in mid-January, Dickens
indicated LOGA had not learned
whether Abita Springs would appeal
the decision, but he predicted the well's
opponents would not relent. "They are
not interested in backing down; this is a
personal matter for them," he
described. "But for LOGA, it is a
bigger personal battle about the entire
industry. The oil and gas industry
provides thousands of jobs in this state.
If a company jumps through all the
necessary regulatory hoops to ensure
safety for the people and the
environment, then why should a project
such as this be stopped?" ❒

our arguments will prevail as the case
continues.
"We are pleased, however, that the
court has agreed to expedite hearing the
case," Morrisey added, noting that the
D.C. Circuit set oral arguments on the
merits for June 2.
The Environmental Protection
Agency announced the Clean Power
Plan on Aug. 3 (AOGR, September

2015, pg. 158). The plan aims to reduce
carbon dioxide emissions from electric
generating facilities by 32 percent
below 2005 levels by 2030.
West Virginia led a coalition of 24
states that since has been joined by
additional petitioners in challenging the
plan as well as seeking a stay (AOGR,
November 2015, pg. 14). Separately,
the American Fuel & Petrochemical

D.C. Circuit Won't Stay
EPA's Clean Power Plan
CHARLESTON, W.V.-The U.S.
Court of Appeals for the District of
Columbia Circuit has rejected states'
request for a preliminary injunction to
halt the Obama administration's Clean
Power Plan while lawsuits against it
progress, confirms West Virginia
Attorney General Patrick Morrisey, who
says the petitioners "now may consider
asking the U.S. Supreme Court to take a
second look" (at staying the rule).
(Editor's Note: The Associated Press
reported on Jan. 26 that the states had
filed an appeal with the Supreme Court.)
"We are disappointed in today's
decision, but believe we ultimately will
prevail in court," Morrisey said on Jan.
21. "The court did not issue a ruling on
the merits and we remain confident that
FEBRUARY 2016 19



American Oil and Gas Reporter - February 2016

Table of Contents for the Digital Edition of American Oil and Gas Reporter - February 2016

Contents
American Oil and Gas Reporter - February 2016 - Cover1
American Oil and Gas Reporter - February 2016 - Cover2
American Oil and Gas Reporter - February 2016 - Contents
American Oil and Gas Reporter - February 2016 - 4
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American Oil and Gas Reporter - February 2016 - Cover3
American Oil and Gas Reporter - February 2016 - Cover4
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