News & Analysis as of

House-Passed Defense Spending Bill Prohibits Spending On Green Energy

On June 20, 2014, the U.S. House of Representatives passed its version of the fiscal year (FY) 2015 appropriations bill to fund the U.S. Department of Defense (DOD), H.R. 4870, including language repealing Section 526 of the...more

Surprise -- EPA's Proposed CO2 Control Regulation Would Affect More Than Just Coal Utility Boilers

Anyone who has read the newspaper or watched the news in the past month will know that EPA has proposed a regulation that would require coal-powered plants to reduce greenhouse gas (primarily carbon dioxide (CO2)) emissions. ...more

Climate Change Mitigation: The New Energy Policy

The Administration's Clean Power Plan (the "Plan"), released on June 2 and published on June 18, confirms that climate change mitigation goals are now a key driver of both environmental and energy policy. By imposing total...more

EPA Publishes its Proposed Regulations for Existing Power Plants – Starting the Public Comment Period

Today, the U.S. Environmental Protection Agency (EPA) published in the Federal Register its June 2, 2014, proposal to regulate greenhouse gas emissions from existing fossil fuel-fired power plants. The act of publication...more

Is RGGI in New Jersey's and Pennsylvania’s Future?

With the release of EPA’s proposed regulation of CO2 from existing sources on June 2, there has been a lot of speculation that states will look to cap-and-trade schemes as a means of complying with EPA’s mandate that the...more

The Third Piece of EPA’s Clean Power Plan: GHG Emission Limits for Modified and Reconstructed Power Plants

The U.S. Environmental Protection Agency’s proposed greenhouse gas (GHG) regulations for “new” and “existing” power plants have received substantial media attention, but regulated parties should also be aware of the third...more

California Environmental Law and Policy Update - June 2014

Environmental and Policy Focus: California is ahead of EPA on climate rules - Los Angeles Times - Jun 5: In 2006, when California adopted AB 32, its landmark global warming law, it acted virtually alone. Now, the state...more

EPA Releases Significant Proposed Rule to Curb Greenhouse Gas Emissions from Existing Power Plants - Proposed Rule Is Part of...

EPA's proposed rule is focused on limiting the carbon intensity of fossil fuel-fired power plants (commonly referred to as electric generating units or EGUs) by adopting goals to limit overall carbon dioxide (CO2)...more

Environmental Working Group Report On Corn Ethanol

The report concludes that "[t]he Environmental Protection Agency's pending proposal to cut the amount of corn ethanol that must be blended into gasoline in 2014 by 1.39 billion gallons would lower U.S. greenhouse gas...more

DOE Announces Fundamental Shift in LNG Export Authorization Policy

On Thursday, 29 May 2014, the U.S. Department of Energy (“DOE”) announced a proposed change to the procedures it will use to process applications to export LNG to non-free trade agreement (“non-FTA”) countries. This is a...more

Energy Newsletter - June 2014

In This Issue: - Drafting Lessons From The "Deliver-Or-Pay Wars" Of The Southern Cone - Flaring Litigation in North Dakota is Capped - Shell Oil Co. v. United States -- A Divided Federal Circuit...more

EPA Up 3-0 in Clean Air Cases: What it Means for Greenhouse Gas Regulations

The D.C. Circuit, by majority decision, upheld MATS, which requires coal- and oil-fired power plants to reduce emissions of mercury, arsenic, chromium, and other air pollutants. When the EPA adopted MATS in 2011, it did not...more

Texas Environmental Update

Gunnison Sage Grouse Continues Its Wobbly Path Toward Listing Energy Legal Blog, May 14, 2014 - Last week, the Gunnison Sage Grouse took another detour on its road to being listed under the Endangered Species Act...more

EIA releases 2014 Annual Energy Outlook

The U.S. Energy Information Administration has released its annual report projecting long-term trends in energy markets. The Energy Information Administration, or EIA, is the statistical and analytical agency within the U.S....more

The President’s Methane Reduction Strategy – Here’s What Energy Companies Need to Know

President Obama recently released a Strategy to Reduce Methane Emissions (Strategy) that sets forth a multi-pronged plan for reducing methane emissions both domestically and globally. Domestically, the plan is to focus on...more

White House Unveils Plan to Curb Methane Emissions

Last week, the White House announced its new plan to cut methane emissions, the tenants of which could have far reaching implications for the oil and gas industry. Titled the “Strategy to Reduce Methane Emissions,” the plan...more

Obama Administration Targets Oil & Gas Industry in Methane Reduction Strategy

On March 28, the Obama Administration unveiled a new Strategy to Reduce Methane Emissions, as part of the President’s overall Climate Action Plan. Methane is the second largest source of greenhouse gases, after carbon...more

Texas Environmental Update

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

Texas Environmental Update - February 28, 2014

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

Energy & Clean Technology Connections: Your Law Firm Link to Industry News -- February 2014

In the February edition of Energy & Clean Technology Connections, we bring you recent industry highlights, the latest news from Capitol Hill, and a list of upcoming energy industry events. For links to industry grant...more

Ninth Circuit Denies Rehearing of Clean Air Act Suit and War of Words Ensues

On February 3, 2014, the United States Court of Appeals for the Ninth Circuit declined to rehear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could significantly...more

EPA May Rely — In Part — on Projects Funded Under the Energy Policy Act to Justify the Greenhouse Gas NSPS. That’s Its Story and...

As those following EPA’s efforts to promulgate NSPS for greenhouse gas emissions from new fossil fuel-fired electric generating plants know, EPA has come under fire for basing its proposal on demonstrations of feasibility at...more

California Environmental Law and Policy Update - January 31, 2014

Environmental and Policy Focus: Ninth Circuit debates application of dormant Commerce Clause - CourtHouse News - Jan 22: A Ninth Circuit appellate panel’s rejection of a challenge to the “life-cycle analysis” approach...more

Capital Thinking: Energy

HOUSE ENERGY COMMITTEE APPROVES BILL TO LIMIT EPA GHG REGULATORY AUTHORITY - On Tuesday, January 28, the House Energy and Commerce Committee voted to favorably report H.R. 3826, the “Electricity Security and...more

Nebraska Sues U.S. EPA Over Proposed Greenhouse Gas Emissions Standards for New Power Plants

Nebraska filed suit against the U.S. Environmental Protection Agency (EPA) in federal court on Wednesday, challenging the agency’s newly proposed standards for greenhouse gas emissions from new power plants. Nebraska argues...more

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