Federal agencies are required to conduct assessments under the National Environmental Policy Act (“NEPA”) before taking “major federal actions,” such as granting permits needed for infrastructure projects and for certain...more
The Biden administration has proposed changes regarding when oil, gas, and sulfur lessees and certain other parties operating in the offshore Outer Continental Shelf must post additional bonds or other “supplemental financial...more
Welcome to Vinson & Elkins’ Securities and ESG Updates. Our aim is to provide insights into notable developments in securities reporting and the environmental, social and governance space over the quarter and, where...more
7/13/2023
/ C&DIs ,
Climate Change ,
COSO ,
Cybersecurity ,
Disclosure Requirements ,
Diversity ,
Divestment ,
Environmental Justice ,
Environmental Social & Governance (ESG) ,
Greenwashing ,
Nasdaq ,
No-Action Letters ,
NYSE ,
Proxy Season ,
Repurchases ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Universal Proxy Cards
The EPA (or “Agency”) is seeking public input and data regarding the potential future designation of seven per- and polyfluoroalkyl substances (“PFAS”) under the Comprehensive Environmental Response, Compensation, and...more
The Environmental Protection Agency (“EPA”) has proposed regulating six per- and polyfluoroalkyl (“PFAS”) in drinking water under the Safe Drinking Water Act (“SDWA”). In a proposed rule published on March 29, 2023, EPA...more
The Environmental Protection Agency (“EPA”) announced it will continue to prioritize enforcement of, and compliance with, the Safe Drinking Water Act (“SDWA”) and federal drinking water regulations through Fiscal Year (“FY”)...more
In a move that could have far-ranging implications for projects that require federal permits and rulemaking across the entire federal government, the White House’s Council on Environmental Quality (“CEQ”) published interim...more
The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) delivered on their commitment to issue a new rule defining “waters of the United States” (“WOTUS”) by the end of 2022, releasing a...more
1/11/2023
/ Clean Water Act ,
Construction Project ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Federal Register ,
Joe Biden ,
New Rules ,
Preemptive Challenges ,
Rapanos v US ,
Sackett ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Last November, the U.S. Environmental Protection Agency (EPA) published a regulatory preamble describing its plans for proposed standards to reduce methane emissions and other air pollutants from affected sources within the...more
11/25/2022
/ Carbon Emissions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Methane ,
New Source Performance Standards (NSPS) ,
Oil & Gas ,
Oil Wells ,
Popular ,
Volatile Organic Compounds (VOC)
A technological error in the online comment portal on sec.gov has prevented the Securities and Exchange Commission (“SEC”) from receiving comments on twelve rule proposals (the “Affected Proposals”), according to a new SEC...more
The Environmental Protection Agency (“EPA”) issued a long-anticipated proposal to designate two per- and polyfluoroalkyl substances (“PFAS”) as hazardous substances under the federal Superfund law known as the Comprehensive...more
The U.S. Environmental Protection Agency (“EPA”) has proposed substantial changes to its Risk Management Program (“RMP”) regulations aimed at preventing chemical facility accidents, a move that will affect industrial...more
The U.S. Environmental Protection Agency’s (“EPA”) supplemental proposal for regulating methane and volatile organic compound emissions from the oil and gas sector is coming in October, according to the EPA’s latest...more
The Department of Justice (“DOJ”) issued a Comprehensive Environmental Justice Enforcement Strategy (“the Strategy”) on May 5, 2022, pursuant to President Biden’s January 2021 Executive Order on Tackling the Climate Crisis at...more
On March 28, 2022, the Environmental Protection Agency (“EPA”) published its Final Strategic Plan (“Strategic Plan”) setting forth the agency’s priorities over the next four years based on seven strategic goals focused on the...more
What You Need to Know-
EPA has just released a proposed rule that would require facilities near “navigable water” that store listed hazardous substances above a threshold amount to prepare facility response plans for...more
On March 28, 2022, the U.S. Army Corps of Engineers (“Corps”) published notice (“Notice”) that it is undertaking a formal review of Nationwide Permit (“NWP”) 12, one of over 50 general permits available nationwide that allow...more
In the latest development surrounding PFAS, EPA has published a direct final rule endorsing use of the newly updated ASTM E1527-21 standard for Phase I Environmental Site Assessments (“Phase Is”)...more
The Securities and Exchange Commission (“SEC”) released a proposed rule on March 21, 2022, that would require U.S. and foreign private issuers to provide certain climate-related information in their registration statements...more
Several environmental groups recently filed a suit (the “Complaint”) challenging two EPA rules (the “PFAS rules”) that added a total of 175 PFAS chemicals to the list of toxic chemicals subject to reporting under what is...more
EPA has received more than 300,000 comments on its November 2021 proposal to regulate methane from new and existing sources in the oil and gas production sector. We previously wrote about EPA’s proposal. Now we’ve analyzed a...more
On October 25, 2021, the Environmental Protection Agency (“EPA”) released a final human health toxicity assessment for two PFAS substances — hexafluoropropylene oxide dimer acid and its ammonium salt — also known as “GenX...more
In 2021, there was sustained and fast-paced executive action from the Biden administration focused on emphasizing and addressing the environmental and human health effects of per- and poly-fluoroalkyl substances, more...more
1/26/2022
/ CERCLA ,
Clean Water Act ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Joe Biden ,
PFAS ,
Recordkeeping Requirements ,
Reporting Requirements ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Wastewater
The Environmental Protection Agency (“EPA”) launched its PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (the “Roadmap”) on October 18, 2021. EPA presents the Roadmap as a comprehensive approach outlining the...more
EPA announced plans for two separate rulemaking processes that would expand liabilities for PFAS wastes. The first — a rulemaking process to add certain PFAS chemicals as “hazardous constituents” under the Resource...more