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
The U.S. Environmental Protection Agency (EPA) has finalized a host of new requirements for fossil-fueled power plants, including new source performance standards (“NSPS”) for new and modified coal- and gas-fired plants and...more
The Environmental Protection Agency (EPA) has finalized a host of new obligations for upstream and midstream oil and gas owners and operators. These new source performance standards (“NSPS”) and emission guidelines (“EG”) for...more
New guidance from the U.S. Environmental Protection Agency (“EPA”) sheds light on how the agency intends to incorporate environmental justice (“EJ”)1 into air permitting programs across the country. The direct effect of the...more
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)
The U.S. Environmental Protection Agency (“EPA”) has announced its latest priority for Clean Air Act enforcement: stationary engines. In an enforcement alert, EPA states that it has been finding numerous violations of Clean...more
9/12/2022
/ Carbon Emissions ,
Clean Air Act ,
Compliance ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fines ,
National Emissions Standards ,
NESHAP ,
Pollution Control ,
Reporting Requirements
The U.S. Environmental Protection Agency (“EPA”) recently announced that it is conducting another round of aerial inspections of upstream and midstream facilities in the Texas and New Mexico Permian Basin....more
The Supreme Court ended its 2021 term with a much-anticipated decision in West Virginia v. EPA.1 The 6-to-3 decision held that the Environmental Protection Agency (“EPA”) does not have the authority under Section 111(d) of...more
7/6/2022
/ Carbon Capture and Sequestration ,
Clean Power Plan ,
Coal ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
International Energy Agency (IEA) ,
NAAQS ,
Natural Gas ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
West Virginia v EPA
On November 15, 2021, the Environmental Protection Agency (“EPA”) published a proposed rule that included three separate actions under the Clean Air Act that target new and existing air emission sources at oil and natural gas...more
The first action proposes first-time emission guidelines to reduce methane emissions from almost 1 million existing oil and gas wells, almost 2,000 existing interstate natural gas compressor stations, and over 500 existing...more
11/5/2021
/ Air Pollution ,
Clean Air Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Methane ,
Natural Gas ,
New Source Performance Standards (NSPS) ,
Oil & Gas ,
Pollution Control ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Storage Tanks ,
Volatile Organic Compounds (VOC)
In the upcoming weeks, the Environmental Protection Agency (“EPA”) is expected to release a proposed rule that would greatly expand methane regulations for the oil and gas sector. While EPA has previously issued regulations...more
9/27/2021
/ Clean Air Act ,
Climate Action Plan ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Methane ,
Natural Gas ,
New Source Performance Standards (NSPS) ,
Oil & Gas ,
Public Comment ,
Regulatory Agenda ,
Regulatory Reform ,
Volatile Organic Compounds (VOC)
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
5/3/2021
/ Barack Obama ,
Clean Air Act ,
Congressional Review Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Joe Biden ,
Methane ,
Natural Gas ,
New Source Performance Standards (NSPS) ,
Oil & Gas ,
Trump Administration
On April 6, 2021, more than 400 environmental non-governmental organizations (ENGOs) submitted to EPA a “Petition for Rulemaking to Remove Methane and Ethane from ‘Negligibly Reactive’ Volatile Organic Compounds List.” If...more
Ordinarily, the law governing how agencies create regulations — the Administrative Procedure Act — requires a thirty-day window between when a rule is published in the Federal Register and becomes “final” and when the rule is...more
The Obama administration’s Clean Power Plan (“CPP”) — an unprecedented use of the Clean Air Act to regulate greenhouse gas (“GHG”) emissions from power plants — is only “mostly dead” and could soon spring back to life. Yes,...more
While news stories and campaign rhetoric can frequently create expectations of immediate shifts after a change in administration, most changes happen slowly in the federal government, and constraints on resources means that...more
1/28/2021
/ Biden Administration ,
CERCLA ,
Chemicals ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
PFAS ,
PHMSA ,
Risk Management ,
Trump Administration ,
Volatile Organic Compounds (VOC) ,
Wastewater
While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more
1/28/2021
/ Biden Administration ,
Clean Air Act ,
Department of Justice (DOJ) ,
Department of Natural Resources ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Methane ,
OECA ,
OIRA ,
Performance Standards ,
Renewable Energy ,
Supplemental Environmental Project (SEP) Policy
News stories and campaign rhetoric frequently create expectations of immediate shifts following an administration change, but most changes in the federal government happen slowly, and the constraint on resources and time...more
1/20/2021
/ Administrative Procedure Act ,
Biden Administration ,
Clean Water Act ,
Congressional Review Act ,
Endangered Species Act (ESA) ,
Environmental Policies ,
FERC ,
Greenhouse Gas Emissions ,
Methane ,
Nationwide Permits (NWPs) ,
Natural Gas Act ,
NEPA ,
Pipelines ,
Trump Administration ,
Waters of the United States
EPA’s Administrator very recently issued this response to a petition to object to a Title V permit (issued to a Georgia wood pellet maker), which very helpfully concludes that the Clean Air Act Section 112(r)(1) general duty...more
As discussed in these two previous posts, EPA recently released two rules changing the volatile organic compound (“VOC”) and methane emissions requirements for new sources in the oil and gas sector, which alter or roll back...more
As discussed in this previous post, EPA recently released two rules changing the volatile organic compound (“VOC”) and methane emissions requirements for new sources in the oil and gas sector, which alter or roll back some of...more
A number of environmental, health, and safety regulatory agencies are beginning to recognize that companies are challenged in their ability to meet deadlines, and no doubt more will follow. This is especially but not...more