On June 28, in Loper Bright Enterprises v. Raimondo, the Supreme Court overruled its landmark decision in Chevron v. Natural Resources Defense Council, which gave rise to the Chevron doctrine. The Chevron case, decided in...more
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
On April 10, 2024, the Bureau of Land Management (BLM) issued a long-awaited final rule updating its venting and flaring requirements on federal and Indian leases, imposing new requirements to establish plans for gas takeaway...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
When the Environmental Protection Agency (EPA) launched the Greenhouse Gas Reporting Program (GHGRP) in 2009, the objective was to collect and publicly report greenhouse gas emissions data across certain industries. Through...more
Supreme Court to hear case that could change landmark precedent -
Earlier this month, the U.S. Supreme Court announced that during its next term it will hear a case that could overturn Chevron, U.S.A., Inc. v. NRDC, 467...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
Amid increasing attention on carbon management and energy supply diversification, three Colorado legislators introduced a bill late in the session that would transform Colorado’s Oil and Gas Conservation Commission (COGCC)...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
Yesterday, the U.S. Supreme Court issued its much-anticipated opinion in the case of West Virginia v. EPA regarding the agency’s authority to regulate carbon dioxide (CO2) from new and existing coal- and gas-fired power...more
This week, the Biden administration announced several actions to expand its support for the clean energy economy. While much of the focus has been on solar energy, the White House also made important announcements for the...more
Last week, the U.S. Department of Energy (“DOE”) released a notice of intent to fund the 2021 Infrastructure Investment and Jobs Act’s program for direct air capture (“DAC”) of carbon dioxide at four regional hubs. The...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 Biden administration will resume federal oil and gas leasing in June with a large reduction in acres available for drilling and a historic royalty rate increase. On April 18, 2022, the Bureau of Land Management (“BLM”)...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
On Feb. 23, 2022, the governors of Colorado, New Mexico, Utah and Wyoming entered into a memorandum of understanding (“MOU”) to develop the Western Inter-State Clean Hydrogen Hub. Hydrogen is viewed as an essential component...more