On April 24, 2024, the U.S. Environmental Protection Agency (“EPA”) issued a final rule mandating aggressive carbon dioxide (CO2) emissions reductions from existing coal-fired power plants and new natural gas-fired turbines...more
It has been a busy month for federal developments concerning per- and polyfluoroalkyl substances (“PFAS”). On April 19, the U.S. Environmental Protection Agency (“EPA”) made headlines again, announcing the prepublication...more
State proposal to expand carbon capture authority also proposes changes to the Oil and Gas Conservation Act As part of a bill revising aspects of the Colorado Energy and Carbon Management Commission’s (ECMC) (f/k/a Colorado...more
Building on 2023 legislation granting the Colorado Energy and Carbon Management Commission (ECMC) authority over wells used to inject and permanently sequester carbon dioxide (CO2), the Colorado General Assembly is...more
With interest and activity in carbon capture, sequestration and storage and low carbon energy production ramping up, especially in Wyoming, the energy industry is celebrating the signing of HB0032. The bill, titled “Geologic...more
On Feb. 8, 2024, the U.S. Environmental Protection Agency (“EPA”) released two proposed rules addressing per- and polyfluoroalkyl substances (“PFAS”) under the Resource Conservation and Recovery Act (“RCRA”). One proposed...more
On Nov. 3, 2023, the U.S. Forest Service issued a proposed rule to amend its special use regulations to authorize carbon dioxide (CO2) sequestration on National Forest System (NFS) lands (both national forests and...more
Last year, the Department of Interior (DOI) updated its estimate of the number of orphaned or abandoned wells across the United States, documenting 130,000—more than double its previous estimate. The bipartisan 2021...more
The Colorado Oil and Gas Commission Will Become the 'Energy and Carbon Management Commission,' Among Other Changes -
Interest in sequestering carbon dioxide (CO2) underground is expanding in Colorado. During the first half...more
EPA Again Proposes to Regulate Greenhouse Gas Emissions from Power Plants -
Today, the Environmental Protection Agency (EPA) published new proposed rules in the Federal Register to regulate greenhouse gas (GHG) emissions...more
CEQ Issues an Updated Framework for Agencies to Assess Greenhouse Gas Emissions and Climate Impacts Federal agencies have new guidance to analyze and disclose greenhouse gas (GHG) emissions and climate change under the...more
A promising long-term carbon storage solution could become more viable as the federal government and several states look to speed up the Class VI injection well permitting process. The Safe Drinking Water Act requires the...more
11/17/2022
/ Clean Water Act ,
Climate Change ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Natural Resources ,
Water ,
Waters of the United States
Late last month, the D.C. Circuit Court of Appeals heard oral arguments in Midwest Ozone Group v. EPA, the latest challenge to the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR). The Good...more
On Wednesday, April 20, the Council on Environmental Quality (CEQ) published a final rule completing the first stage of rulemaking to revise certain provisions of the National Environmental Policy Act’s (NEPA) implementing...more
The Environmental Protection Agency (EPA) recently proposed a Federal Implementation Plan (FIP) that has important implications for powerplants and other industrial nitrogen oxide (NOx) sources in the Western United States,...more
Hot on the heels of a new Biden administration initiative to cut industrial sector emissions via carbon capture, utilization and sequestration (CCUS) and other methods, the Council on Environmental Quality (CEQ) issued new...more
The Environmental Protection Agency’s (“EPA’s”) guidance, issued Sept. 30, 2021, revoking the Trump-era Startup, Shutdown, and Malfunction (“SSM”) guidance signals difficult permitting decisions ahead for emitters across...more
As states continue to revise state implementation plans (SIP) to meet the requirements of the Clean Air Act (CAA), two recent decisions out of the Ninth Circuit Court of Appeals are likely to affect how contingency measures...more
As the country, policymakers and industry focus on reducing greenhouse gas (GHG) emissions, carbon capture use and sequestration (CCUS) has become an important piece of the solution. CCUS is capturing carbon dioxide (CO2)...more
On Friday Jan. 29, 2021, the United States Court of Appeals for the D.C. Circuit in Sierra Club v. EPA, Case No. 15-1465, struck down several provisions in EPA’s 2018 rule implementing the 2008 National Ambient Air Quality...more
As a follow-up to our recent alert regarding the U.S. Environmental Protection Agency’s (EPA) enforcement discretion memo, last Friday EPA published further interim guidance specifically relating to field work at cleanup and...more
The Environmental Protection Agency (EPA) has issued a memorandum describing how and when the Agency will implement temporary enforcement discretion for certain federal environmental noncompliance during the COVID-19...more
4/1/2020
/ Compliance ,
Coronavirus/COVID-19 ,
Department of Environmental Conservation ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Health and Safety ,
Relief Measures ,
Reporting Requirements ,
Waivers