News & Analysis as of

Oil & Gas Congressional Review Act

Vinson & Elkins LLP

Dunes Sagebrush Lizard Listed as Endangered: What it Means for Permian Producers and Frac Sand Availability

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On May 20, 2024, the U.S. Fish and Wildlife Service (FWS) issued a final rule listing the dunes sagebrush lizard (“DSL”) as endangered under the Endangered Species Act (“ESA”).1 The change in the DSL listing status, which...more

Jones Day

EPA Finalizes Methane Emission Regulations

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The Situation: The Environmental Protection Agency ("EPA") finalized regulations designed to reduce methane emissions from the oil and gas industry by 80% in coming years at both new and existing facilities. The regulations...more

Troutman Pepper

Subpart OOOOa: What Happens When Congress Revives a Repealed Rule?

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The Congressional Review Act (CRA) was adopted in 1996 to give Congress a more powerful check on agency regulation that outpaces congressional intent. But now, for the first time, Congress has used that powerful authority in...more

Bracewell LLP

Congressional Review Act Resolution Changes both Scope and Effect of EPA's Methane Rule

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On June 30, 2021, President Biden signed into law a resolution under the Congressional Review Act (CRA) that disapproved a final rule adopted by the prior administration that made significant changes to 40 C.F.R. Part 60,...more

Akin Gump Strauss Hauer & Feld LLP

Congress Cancels Trump-era Methane Rule Amendments, Restoring Prior Standards

Yesterday evening, President Biden signed Congress’s resolution to use the Congressional Review Act (CRA) to reject a September 2020 U.S. Environmental Protection Agency (EPA) rule that rescinded methane emission standards...more

Vinson & Elkins LLP

Senate Acts To Remove Trump-Era Methane Rule, Opening The Door To Further Regulation Of Methane From Oil And Gas Activities

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On April 29, 2021, the Senate passed a resolution (the “Resolution”) to disapprove a rule adopted by the Trump administration which lifted certain requirements that had been put in place by an Obama-era methane rule, also...more

Vinson & Elkins LLP

What’s Next For Methane Regulation For Oil And Gas?: Signals From The Biden Administration And Congress

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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

Pillsbury Winthrop Shaw Pittman LLP

Biden’s Climate Blitz

The new administration has launched an avalanche of Executive Orders and memoranda aimed at tackling the climate crisis in its first week—Pillsbury reviews its impact. Expect to see growth in electric vehicles, innovation...more

Bracewell LLP

Will Congress Rollback Trump Regulatory Actions to Advance the Biden Policy Agenda?

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Recent news that the Democrats flipped both U.S. Senate seats in Georgia’s run-off election means that the Democrats have enough votes to add the Congressional Review Act (CRA)[1] to the tools that could be used to advance...more

WilmerHale

Biden Administration Begins Comprehensive Review of Trump-Era Environmental Rules

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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

Vinson & Elkins LLP

Army Corps Finalizes Nationwide Permit Revisions Affecting Infrastructure Development

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On January 5, 2021, the U.S. Army Corps of Engineers (“Army Corps”) released a pre-publication version of its final rule reissuing and modifying a subset of its suite of nationwide permits (“NWPs”), including those used for...more

Jones Day

SEC Adopts Final Rules Governing Payment Disclosure by Resource Extraction Issuers

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The rules will require resource extraction issuers to file a Form SD on an annual basis that includes information about payments related to the commercial development of oil, natural gas, or minerals that are made to the U.S....more

Bracewell LLP

2020 Post-Election Analysis: Issue by Issue

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FIRST 100 DAYS - As President-elect Biden stands poised to assume the office he has aspired to for the past three decades, he inherits a national crisis not unlike the one he stepped into as vice president nearly 12 years...more

WilmerHale

Public Lands Management in the Biden Era

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As the 2020 presidential campaign made clear, President-elect Biden plans to usher in a sharp shift in policy priorities across the federal government. We anticipate significant changes in the management of federal public...more

Akin Gump Strauss Hauer & Feld LLP

Biden’s Climate Catch Up, or Trump’s Regulatory Rollbacks? Key Environmental and Energy Considerations for the 2020 Elections

- It is apparent that former Vice President Joe Biden’s “clean energy revolution” and climate goals stand in stark contrast with the policies the Trump Administration has pursued during its first term, underscoring the...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Flint Failures, Missed Deadlines, Toad Work and a Game of Chicken

The last few weeks have yielded a number of interesting developments in the Federal courts. FEDERAL COURTS OF APPEAL - In re Flint Water Cases - Several local and State of Michigan officials, including the former governor,...more

Allen Matkins

Are Industry Comments The Only Comments That Matter?

Allen Matkins on

Under the federal Administrative Procedure Act's informal rule making mandate, agencies must give interested persons an opportunity to participate in rule making through submission of written data, views, or arguments with or...more

Mayer Brown Free Writings + Perspectives

SEC Proposes Revised Disclosure Rules for Resource Extraction Issuers

On December 18, 2019, the US Securities and Exchange Commission (SEC) proposed rules for the reporting of certain payments by resource extraction issuers (the “proposed rules”). The proposed rules represent the third attempt...more

Allen Matkins

The SEC's Resource Extraction Rule - A Long Time Coming

Allen Matkins on

Shortly before Christmas, the Securities and Exchange Commission proposed to adopt Rule 13q-1 and an amendment to Form SD to implement Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act relating to...more

Dorsey & Whitney LLP

SEC Proposes Resource Extraction Payments Disclosure Rules

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At the Securities and Exchange Commission’s (the “Commission”) open meeting on December 18, 2019, the Commissioners proposed rules to require resource extraction issuers to file an annual Form SD that includes information...more

Miles & Stockbridge P.C.

Environmental and Energy Policy Round-Up: Status of Regulations and Key Decisions under the New Administration

There has been much discussion lately regarding the new Administration’s efforts to review and possibly “roll-back” several environmental and energy-related regulations issued by the Environmental Protection Agency (EPA), the...more

Morrison & Foerster LLP

Repeal of Resource Extraction Disclosure Rule

On February 14, 2017, President Trump approved Congress’ joint resolution to repeal the SEC’s resource extraction disclosure rule. That action effectively brings to a conclusion the SEC’s efforts to implement a resource...more

Akin Gump Strauss Hauer & Feld LLP

What’s New in Washington: 10 Things You Need to Know

The first four weeks of the Trump administration have brought a flurry of policy and regulatory activity through Executive Orders (EO), proposed new legislation and review of existing regulation. After eight years of the...more

Bracewell LLP

President Signs Repeal of the SEC's Extraction Payment Disclosure Rule

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Further to our February 2, 2017 Update, on February 14 the President signed legislation to annul the SEC’s Extraction Payment Disclosure Rule. The rule would have required public oil and gas companies to disclose in annual...more

Foley Hoag LLP - Global Business and Human...

The Fall of Section 1504: Congress Votes to Repeal the Revenue Transparency Rule

Congress passed a joint resolution this week expressing its disapproval of the revenue transparency rule issued last June by the Securities and Exchange Commission. The rule, issued pursuant to Section 1504 of the Dodd-Frank...more

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