Existing Regulatory Mechanisms Sample Clauses
The 'Existing Regulatory Mechanisms' clause defines how current laws, regulations, or government controls are recognized and incorporated within the agreement. In practice, this clause clarifies that the parties must comply with all applicable regulatory requirements already in place at the time of the contract, such as environmental permits, safety standards, or industry-specific rules. Its core function is to ensure that contractual obligations do not conflict with established legal frameworks, thereby reducing legal risk and promoting compliance.
Existing Regulatory Mechanisms. The species is federally listed as threatened west of the Tombigbee/Mobile Rivers with no federal and varied levels of state protection east of these rivers. While the gopher tortoise is currently state protected in Alabama, Florida, Georgia, and South Carolina, state protection varies greatly, and there is no coordinated or comprehensive framework for conservation or protection currently in place. For more state-specific regulatory information, see Section 6.2.
Existing Regulatory Mechanisms. The TPWD includes the DSL among the Species of Greatest Conservation Need (SGCN). The DSL is not identified as threatened or endangered under Texas law. Although the DSL is not a listed species under the Endangered Species Act, existing Candidate Conservation Plans in Texas (the TCP) and New Mexico conserve the DSL and its habitat.
Existing Regulatory Mechanisms. The TPWD includes the DSL among the Species of Greatest Conservation Need (SGCN). The DSL is not identified as threatened or endangered under Texas law. Although the DSL is not a listed species under the Endangered Species Act, existing Candidate Conservation Plans in Texas (the TCP) and New Mexico conserve the DSL and its habitat.
7.3.1 Oil and Gas The Texas Railroad Commission (TRRC) has jurisdiction over oil and gas activities. That jurisdiction does not specifically relate to candidate species. The TRRC regulations establish a statewide standard designed to establish development on a pattern of one well to each 40 acres where proration units have not been established (16 ▇▇▇▇▇/mi2) (16 Texas Administrative Code, Part 1 § 3.37). Exceptions allow closer spacing. TRRC has regulations establishing standards for the cleanup of oil spills that are designed to protect human health. TRRC also has authority over intrastate pipelines. No prior approval is required for pipeline construction. Test waters for pipeline integrity are often associated with compressor stations and require a water discharge permit for disposal from TCEQ.
7.3.2 Roads The TRRC does not have jurisdiction over, and exercises no regulatory authority with respect to, private or public roads or road use. Permits issued by the Commission for oil and gas exploration, production and waste disposal do not limit any independent authority of a municipality, county or other state agencies with respect to road use. The Texas Department of Transportation has jurisdiction over private roads only to the extent where they cross public roadways.
7.3.3 Sand Mining Beginning early in 2017, sand mining companies began purchasing or leasing large tracts of land in the Permian Basin in Texas for sand operations. Some of these properties include areas of DSL Habitat. Texas requires certain permits, depending on the extent of operations. These permits include (but are not limited to): an aggregate production operation registration, an air pollution control permit, storm water construction and operation general permits, public drinking water well permit, on-site sewage facility registration and permit, hazardous chemical inventory reporting (Tier II), solid and/or hazardous waste registration and reporting, petroleum storage tank registration. Texas has no requirements pertaining to the reclamation of sand mining sites. Thus the 2020 DSL CCAA offers the ability, which otherwise does not exist, to bring substanti...
Existing Regulatory Mechanisms