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New Mexico Stiffens Penalties for Air Quality Violations and Tightens Environmental Audit Policy

On September 4, 2024, the New Mexico Environment Department’s Air Quality Bureau (AQB) updated its Civil Penalty Policy, making several key changes to its assessment of civil penalties and administrative compliance costs in...more

EPA Imposes Stringent Greenhouse Gas Rule for Fossil Fuel-Fired Power Plants

On April 25, 2024, the EPA announced, as part of a suite of four rules for fossil fuel-fired power plants, its final greenhouse gas (GHG) standards for power plants—imposing stringent new requirements on existing coal-fired...more

EPA Tightens the Annual PM2.5 Standard, Creating Compliance Challenges Across the West

On February 7, 2024, EPA released its final rule tightening the annual National Ambient Air Quality Standard (“NAAQS”) for fine particulate matter (“PM2.5”), from 12 µg/m3 to 9 µg/m3. EPA’s decision to drop the standard to...more

New Mexico Announces New Crack Down on O&G Operations

Citing low compliance rates with air quality requirements, the New Mexico Environmental Department (NMED) has announced it is ramping up compliance assurance and enforcement activities at oil and gas operations within the...more

EPA Doubles Down on Enforcement to Address Climate Change

In its latest move to address climate charge, the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) on September 28, 2023 issued a memorandum titled “EPA’s Climate Enforcement and...more

Tenth Circuit Ruling on Temporary Emissions in Colorado Will Have Widespread Impacts on Air Permitting in Western States

In a decision with implications for air permitting across the West, a divided three-judge panel of the Tenth Circuit Court of Appeals vacated and remanded EPA’s approval of Colorado’s state implementation plan (SIP) based...more

GHG Standards for the Power Sector: Is Third Time the Charm or Is It Déjà Vu?

In the third attempt in less than 10 years, the Environmental Protection Agency issued a proposed rule package (“Proposal”) that would apply strict greenhouse gas emissions standards to the fossil fuel-fired power sector. The...more

EPA Super Sizes Proposal to Crack Down on Methane from Oil and Gas Sector

This article is the second in a two-part series analyzing recent proposals by federal agencies to reduce methane emissions from oil and gas production. The first article addresses the Bureau of Land Management’s (BLM)...more

Bipartisan Infrastructure Bill Invests Billions in CCUS

On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (“Bipartisan Infrastructure Bill”), a $1.2 trillion commitment of funding for the country’s physical infrastructure. Along with...more

Assessing Climate Cost in Policy Decisions

Right out of the box, the Biden Administration took a decisive stance on the importance of climate costs in agency decision making, returning to Obama-era metrics and values. On his first day in office, President Biden issued...more

EPA Proposes to Retain Particulate Matter Standards of Importance to Industries in Arid West

On April 14, 2020, the Environmental Protection Agency (EPA) proposed to retain the current National Ambient Air Quality Standards (NAAQS) for particulate matter, including both the PM10 and PM2.5 standards. The PM10 and...more

Colorado's SB 181: What to Think About as the State Embarks on a Number of Significant New Oil and Gas Rulemakings

Now that Colorado Gov. Jared Polis has signed the oil and gas bill, Senate Bill 19-181 (SB 181), into law, the focus shifts from the General Assembly to the two state agencies tasked with implementation. Both the Colorado Oil...more

Spring Cleaning: Trump Administration Announces Further Changes to Clean Water Act Regulation

On April 10, 2019, President Trump issued a pair of Executive Orders aimed at streamlining Clean Water Act permitting of the nation’s energy infrastructure. The Executive Order on Promoting Energy Infrastructure and Economic...more

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