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
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 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
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)
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 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