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 March 2, 2021, the House Energy and Commerce Committee introduced H.R.1512 (117), the “Climate Leadership and Environmental Action for our Nation’s Future Act” or the “CLEAN Future Act.” The committee first unveiled the...more
The acting chair of the U.S. Securities and Exchange Commission (“SEC”) last week issued a statement (available here) directing the agency to focus on climate-related disclosures in public company filings. The statement is in...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
President-elect Joe Biden has already pledged to undo the repeal of nearly 100 public health and environmental laws, noting that he will consider every tool available to do so. With Democratic control of Congress and the...more
In a decision with sweeping consequences for infrastructure projects authorized by nationwide permits, a federal district judge in Montana on Wednesday ruled that the U.S. Army Corps of Engineers (Corps) violated provisions...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
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