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

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

New EPA Greenhouse Gas Rule Takes Aim at Fossil-Fueled Power Plants

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

A Heavy Lift: EPA Bulks Up Oil and Gas Methane Requirements in New Quad Ob/c Regulations

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

EPA Issues Guidance on Environmental Justice in Air Permitting

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

EPA’s Bulked Up Quads: EPA Expands Far-Reaching Proposal for Regulating Methane in the Oil and Gas Sector

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

EPA’s Newest Target for Clean Air Act Enforcement: Stationary Engines

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

EPA Is Conducting Flyover Inspections of Texas and New Mexico Permian Basin Energy Facilities

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

What Does the Supreme Court’s Recent Decision on Climate Regulation Mean for the Energy Industry?

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

EPA Extends Comment Period for Oil and Gas Methane and VOC Emissions Rulemaking

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

EPA Proposes Far-Reaching Methane Rules for the Oil and Gas Sector

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

What You Need to Know: EPA to Propose New Methane Regulations for Oil and Gas Sector

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

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

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

Could EPA Regulate Methane And Ethane As Volatile Organic Compounds Under The Clean Air Act?

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

“Immediately Effective” Midnight Rules — Beyond The Hour For Change Or Vulnerable To Court Challenges?

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 EPA’s Clean Power Plan Is Only Mostly Dead

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

Navigating The Transition: Key Chemicals Industry Issues To Watch In The Biden Administration

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

Navigating The Transition: Key Environmental Enforcement Issues To Watch In The Biden Administration

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

Navigating The Transition: Key Midstream Issues To Watch In The Biden Administration

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

Clean Air Act General Duty Provision Is Not An Applicable Requirement For Title V Permit Purposes

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

EPA Methane Regulations Back In A Holding Pattern After Court Issue Stay

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

EPA Methane Regulations For Oil And Gas Industry Finally Finalized And Immediately Headed Back To Court

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

COVID-19: US Federal, State And Territory EHS Agency Relief Actions

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

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