News & Analysis as of

EIB Energy Highlights: SCOTUS Review of EPA Mercury Regs, LNG Exports, World Energy Outlook, New EPA Regs & More

EIB Energy Highlights hits the highlights of recent energy developments, streamlining access to critical information for our readers. ...more

An Update on EPA’s Approach to Methane Emissions from the Oil & Gas Sector – Including a Summary of the Agency’s Proposed New...

The U.S. Environmental Protection Agency (EPA) is expected to announce between now and December 31, 2014 its plan for pursuing methane reductions from the oil and gas sector – including whether it will propose new emission...more

Double Whammy for State Fuel Suppliers

The California Air Resources Board (CARB) is poised to readopt the Low-Carbon Fuel Standard (LCFS) regulation in early 2015. With its readoption, CARB hopes to put to rest challenges that required a redo of the environmental...more

EPA Announces New Greenhouse Gas Reporting Rule for Oil and Gas Sector

On Friday, the U.S. Environmental Protection Agency (EPA) announced new rules for reporting greenhouse gas emissions that will apply to the oil and gas sector, part of EPA’s plan to institute a comprehensive strategy for...more

Mexico Issues Reporting Regulations for Broad Range of Greenhouse Gases

Last week, beneath the fanfare surrounding issuance of internal regulations for Mexico’s new oil and gas agency[1] and a suite of conforming amendments to more than half a dozen environmental regulations, the Secretariat of...more

EPA’s Clean Power Plan: Potentially New and Improved?

On Tuesday, EPA issued a Notice of Data Availability, requesting further comment on some specific issues that have been raised since it published its draft Clean Power Plan in June. My immediate reaction? My head hurts....more

Truth and Illusion in the Fracking Debate

Gas Flaring - According to Earthworks, gas flaring in the Bakken and Eagle Ford Shale is out of control and tons of greenhouse gases are being fired into the atmosphere; therefore, we should ban fracking. According to...more

New Wave of State Law Air Pollution Torts?

The U.S. Supreme Court’s denial of certiorari in Bell v. Cheswick could pave the way for more state common law air pollution tort suits and greater exposure for emitters. A new wave of state common law air pollution...more

CO2 is Good

In French vs. Occidental Permian, Ltd. the Texas Supreme Court held that costs associated with injection of carbon dioxide into a reservoir in a tertiary recovery operation were properly deducted from royalties. This...more

Environmental Alert: "EPA's Inspector General Says EPA Must Improve Efforts regarding Methane Emissions from Pipelines"

On July 25, 2014, EPA’s Office of Inspector General (OIG) issued “Improvements Needed in EPA Efforts to Address Methane Emissions from Natural Gas Distribution Pipelines.” In this report, OIG cited President Obama’s Climate...more

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

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