Paul Gutermann

Paul Gutermann

Akin Gump Strauss Hauer & Feld LLP

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CEQ Instructs Federal Agencies to Consider Climate Change Impacts During NEPA Reviews

On August 2, 2016, the Council on Environmental Quality (CEQ) released a Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National...more

8/4/2016 - Climate Change Environmental Assessments Environmental Impact Report (EIR) Final Guidance Greenhouse Gas Emissions NEPA

Deadline Approaching: SEC Seeks Industry Comments on Business and Financial Disclosure Requirements, Including Environmental and...

On April 22, 2016, the Securities and Exchange Commission (SEC) published a Concept Release seeking public comments on potential revisions to Regulation S-K, the SEC’s principal rules governing disclosure requirements for...more

6/9/2016 - Climate Change Comment Period Disclosure Requirements Registration Statement Regulation S-K SEC

Handicapping Clean Power Plan Outcomes – Petitioners’ Briefs

The petitioners challenging the Environmental Protection Agency’s (EPA) Clean Power Plan (CPP) in the U.S. Court of Appeals for the D.C. Circuit filed their joint opening briefs on February 19, 2016. The Opening Briefs of...more

3/10/2016 - Clean Power Plan EPA Greenhouse Gas Emissions MATS Power Plants Rulemaking Process

Task Force to Develop Climate-Related Financial Disclosure Standards

Government regulators, financial industry standards agencies, nongovernment organizations and activist investor groups are advocating enhanced disclosure of the potential effects of business activity on the environment, or...more

3/3/2016 - Climate Change Corporate Social Responsibility Financial Reporting FSB Public Disclosure

Federal Counterpart to New York’s Investigation of Climate Change Disclosures by Fossil Fuel Companies

Recently, three House Democrats urged the Department of Justice (DOJ) to launch an investigation of an alleged conspiracy by the fossil fuel industry to deceive the public on climate change in order to benefit the sale of its...more

3/1/2016 - Climate Change Corporate Counsel DOJ Government Investigations Oil & Gas Popular Publicly-Traded Companies RICO Young Lawyers

EPA Proposes Major New Air Emissions Requirements for the Oil and Gas Industry

The Environmental Protection Agency (EPA) released today a suite of requirements that impose strict new limits on the emission of volatile organic compounds (VOC) and methane by the oil and natural gas industry. The proposals...more

8/19/2015 - Comment Period EPA Greenhouse Gas Emissions Methane National Emissions Standards Natural Gas Oil & Gas Proposed Regulation Volatile Organic Compounds (VOC)

Initial Challenge to Clean Power Plan Receives Rocky Reception

Several states and Murray Energy Corp. (“Murray Energy”), supported by numerous intervenors and amici, presented oral arguments today before the D.C. Circuit challenging the Environmental Protection Agency’s (EPA) proposed...more

4/17/2015 - Carbon Emissions Clean Power Plan Energy Sector EPA Oral Argument Power Plants

MATS in the Supreme Court–Toxic to EPA?

The Supreme Court heard oral arguments yesterday on whether the Environmental Protection Agency (EPA) unreasonably decided not to consider the cost of regulation when the EPA determined it was “appropriate and necessary” to...more

3/27/2015 - Clean Air Act Coal Industry Coal-Fired Plants EPA MATS Oil & Gas Oral Argument Power Plants SCOTUS

Despite Rebuke, EPA May Regulate Stationary Greenhouse-Gas Emitters

On June 23, 2014, in Utility Air Regulatory Group v. EPA et al., No. 12-1146 (and related cases), the Supreme Court held that the Environmental Protection Agency (EPA) may require certain greenhouse-gas emitters to install...more

6/24/2014 - Carbon Emissions Clean Air Act Climate Change Environmental Policies EPA Greenhouse Gas Emissions SCOTUS Utilities Sector Utility Air Regulatory Group v EPA

EPA Proposal Sets Ambitious Carbon Reduction Goals for Power Sector; Creates Challenges and Opportunities for Industry

On June 2, 2014, the Obama Administration unveiled an ambitious administrative proposal that would require states to regulate carbon dioxide (“CO2”) emissions from existing fossil fuel power plants, reducing emissions from...more

6/5/2014 - Carbon Emissions Clean Air Act Climate Action Plan Energy Policy Environmental Policies EPA Greenhouse Gas Emissions Obama Administration Power Plants Renewable Energy RGGI

DOE Releases Two New Reports on the Environmental Impacts of LNG Exports

On Thursday, May 29, 2014, the U.S. Department of Energy (DOE) released two new reports on the potential environmental impacts of liquefied natural gas (LNG) exports from the United States to countries that do not have a free...more

6/4/2014 - DOE Environmental Impact Report (EIR) Environmental Policies Liquid Natural Gas Natural Gas Oil & Gas

Sixth Circuit Greenlights Cellulosic Ethanol Plant

The U.S. Court of Appeals for the Sixth Circuit held this week that the Department of Energy (DOE) complied with its obligations under the National Environmental Policy Act (NEPA) in providing funding for a cellulosic ethanol...more

5/27/2014 - Biofuel DOE Energy Ethanol NEPA Renewable Fuel

Check Your Mail: BSEE Inviting All of Its Friends to Pay for GOM Decommissioning

In response to the April 20, 2010, Deepwater Horizon incident and under the auspices of the United States Department of Interior’s (DOI’s) “Idle Iron Policy,” the Bureau of Safety and Environmental Enforcement (BSEE) has...more

5/16/2014 - Deepwater Horizon Department of the Interior Energy Gulf Oil Spill Oil & Gas Underwriting

Climate Change Disclosure - Heads I Win, Tails You Lose?

Arjuna Capital, a sustainable wealth management platform, and As You Sow, an environmental corporate responsibility advocacy group, have been advocating for publicly traded companies to assess and disclose the risks that...more

4/15/2014 - Carbon Emissions Climate Change Disclosure Exxon Mobil Fracking Investment Management Sustainability

Court Ruling Regarding the Dodd-Frank Conflict Minerals Disclosure Requirements

A panel of the U.S. Court of Appeals for the D.C. Circuit held today that a portion of the SEC’s conflict minerals reporting regulations – and possibly a portion of the underlying Dodd Frank Act – compel speech in violation...more

4/15/2014 - Conflict Mineral Rules Disclosure Requirements Dodd-Frank First Amendment SEC

Obama’s Climate Change Strategy In Supreme Court’s Hands

Two years ago, the Supreme Court upheld the major domestic policy initiative of President Obama’s first term, ruling that the Affordable Care Act passed constitutional muster. This coming June, the Court will determine the...more

2/25/2014 - Carbon Emissions Climate Action Plan Climate Change EPA Greenhouse Gas Emissions SCOTUS

The Business of Climate Change – Disclosure of “Stranded Assets”

Mainstream media have recently noted efforts by business interests to address potential risks to their business from a changing environment; for example, “Industry Awakens to Threat of Climate Change,” New York Times,...more

1/29/2014 - Carbon Emissions Climate Change Disclosure Requirements FASB Greenhouse Gas Emissions

Another Judicial Assault On GHG Emissions

The federal courts barred federal common law nuisance actions to obtain money damages or injunctive relief. American Elec. Power Co. v. Connecticut, 131 S. Ct. 2527 (2011)(holding nuisance claims seeking injunctive relief...more

11/6/2013 - Carbon Emissions Environmental Claims Greenhouse Gas Emissions Nuisance

SCOTUS Review of GHG Regulations – Opportunity for the Oil and Gas Sector?

The Supreme Court announced this week that it would review the U.S. Environmental Protection Agency’s (EPA) authority to regulate “greenhouse gases” (GHGs) under the Clean Air Act. While the Court accepted six petitions for...more

10/21/2013 - Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions Oil & Gas SCOTUS

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