Overview - On November 28, the Department of the Interior’s (DOI) Bureau of Land Management (BLM) released its proposed methane rule. This action furthers the Biden-Harris administration’s whole-of-government response to...more
As discussed in this previous post, the state of methane regulation for the oil and gas industry has been in flux over the past few years as federal regulations issued by the Obama administration were challenged in court and...more
The social cost of carbon (SCC) has a checkered regulatory history spanning nearly 40 years, but it now has been thrust back onto the federal stage, front and center. Among President Joe Biden's first acts in office was a...more
On his first day in office, President Joe Biden issued an Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The Executive Order directs the Environment...more
On Thursday, August 13, the EPA finalized new rules that rolled back Obama-era policies and standards that regulated methane emissions emanating from oil and gas facilities, including from well sites, compressor stations and...more
Last week, EPA finalized its rollback of Obama administration regulations governing methane emissions from the oil and gas industry. The move is not exactly a surprise. Regarding the purpose of the rollback, I stand by my...more
Methane gas has been the subject of yo-yoing regulation—and regulatory roll-backs—over the past few years. Presidential candidate Joe Biden has already vowed to take immediate action on climate change, including “requiring...more
Russian, Colombian Competition Continuing to Slow U.S. Thermal Coal Exports - "'Central Appalachian and Northern Appalachian exports remain out of the money for shipment to Europe and Illinois Basin coal has significant...more
Last year, we reported on EPA’s decision to allow the expiration of a moratorium on the 2016 Obama Climate Action Plan rule and guidelines seeking to reduce landfill methane emissions (“Methane Rule and Guidelines”)....more
This is the eighth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from...more
In his Hardcore History podcasts, Dan Carlin presents himself, not as a historian, but as a journalist who likes history. Herein is my attempt to present yours truly, not as an environmental lawyer, but as a trial lawyer with...more
As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more
Municipal solid waste (MSW) landfills receive non-hazardous waste from residential properties, commercial businesses, and institutions. When MSW is placed in a lined landfill and covered, it decomposes and emits a gas into...more
In early January 2018, the U.S. Environmental Protection Agency (“EPA”) decided to halt previous proposals to stay methane rules for new and existing landfills. The Obama Administration’s EPA issued the final New Source...more
On October 4, the district court for the Northern District of California in State of California and Sierra Club, et al v. BLM, et al. held that BLM could not postpone its enforcement of various provisions of the Obama-era...more
On October 4, 2017, the United States District Court for the Northern District of California held that the Bureau of Land Management (“BLM”) cannot postpone implementation of natural gas methane emission rules because such...more
Environmental and Policy Focus - Court blocks Dept. of Interior’s move to delay Obama-era methane leak rule - The Hill - Oct 4 - On Wednesday a federal court set aside an effort by the Department of the Interior...more
An Obscure Statute Is Helping Trump Save U.S. Coal, Nuclear - "Rick Perry is using an authority granted to him as U.S. energy secretary to call on the independent Federal Energy Regulatory Commission to change its rules...more
On July 3, 2017, the U.S. Court of Appeals for the District of Columbia dealt a blow to the Trump administration’s efforts to roll back Obama-era environmental regulations, ruling that the U.S. Environmental Protection Agency...more
Effective this past August 3, the EPA has new regulations for methane and volatile organic compound emissions from oil and gas operations As you know, reducing methane emissions is a key component of the President‘s climate...more
The Obama administration took two major steps in implementing its comprehensive climate change strategy this month, setting first-ever methane emissions standards for new, reconstructed and modified sources and simultaneously...more
With the national party conventions less than eight weeks away, the House and Senate continue to push forward on Fiscal Year 2017 (FY17) appropriations legislation (despite possible floor obstacles detailed below) and other...more
On March 10, 2016, President Obama announced that Canada would join the United States in its goal to reduce methane emissions in the oil and gas sector. The President said that the countries together would “move swiftly to...more
On August 18, 2015, the U.S. Environmental Protection Agency (“EPA”) proposed a suite of regulatory actions aimed at reducing methane and volatile organic compound (“VOC”) emissions from the oil and gas sector....more
The Obama Administration’s release of the final Clean Power Plan kicked off a busy second half of the year for climate and energy policy issues. As climate issues increasingly become an important part President Obama’s...more