The Situation: The United States Environmental Protection Agency ("EPA") was required to overhaul the greenhouse gas reporting requirements for the petroleum and natural gas industry by the Inflation Reduction Act ("IRA") in...more
On January 12, 2024, the EPA announced a proposed new rule entitled Waste Emissions Charge for Petroleum and Natural Gas Systems (the "Proposed Rule"). As required by Congress pursuant to the Inflation Reduction Act ("IRA"),...more
3/13/2024
/ Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Methane ,
Natural Gas ,
Oil & Gas ,
Proposed Rules ,
Regulatory Agenda ,
Waste Disposal
On February 8, 2024, the Environmental Protection Agency ("EPA") proposed two regulations that would add nine per- and polyfluoroalkyl substances ("PFAS") to the list of Resource Conservation and Recovery Act ("RCRA")...more
2/15/2024
/ CERCLA ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Hazardous Waste ,
New Rules ,
PFAS ,
Proposed Rules ,
Public Health ,
RCRA ,
Regulatory Agenda ,
Toxic Chemicals
The U.S. Environmental Protection Agency ("EPA") has proposed regulations for calculating methane emissions fees required beginning this year under the Inflation Reduction Act ("IRA"). Section 136 of the Clean Air Act (added...more
2/6/2024
/ Clean Air Act ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fees ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Liquid Natural Gas ,
Methane ,
National Emissions Standards ,
Natural Gas ,
Pollution Control ,
Proposed Regulation ,
Proposed Rules ,
Regulatory Agenda ,
U.S. Treasury
The Situation: In 2019, Congress amended the Toxic Substances Control Act ("TSCA") to require the Environmental Protection Agency ("EPA") to promulgate a reporting rule on per- and polyfluoroalkyl substances ("PFAS"). EPA...more
12/12/2023
/ Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Importers ,
Manufacturers ,
PFAS ,
Public Health ,
Regulatory Reform ,
Reporting Requirements ,
Retroactive Application ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA)
The Situation: The Environmental Protection Agency ("EPA") finalized regulations designed to reduce methane emissions from the oil and gas industry by 80% in coming years at both new and existing facilities. The regulations...more
12/12/2023
/ Clean Air Act ,
Congressional Review Act ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Greenhouse Gas Emissions ,
Methane ,
Natural Gas ,
Oil & Gas ,
Regulatory Reform
The Situation: The Inflation Reduction Act ("IRA") requires the U.S Environmental Protection Agency ("EPA") to finalize new greenhouse gas reporting rules for the petroleum and natural gas industry based on "empirical...more
In Short -
The Development: On May 25, 2023, the United States Supreme Court issued its decision inSackett v. EPA, providing new insight into whether wetlands qualify as "waters of the United States" subject to regulation...more
The Environmental Protection Agency ("EPA") is proposing stringent carbon dioxide emissions standards for coal- and gas-fired power plants....more
On March 14, 2023, the EPA took a step toward imposing federal limits on certain per- and polyfluoroalkyl substances in drinking water under the Safe Drinking Water Act.
The United States Environmental Protection Agency...more
In Short -
The Situation: In 2021, the Biden Administration signaled its intent to replace the 2020 "Navigable Waters Protection Rule," which was vacated by a federal court, with a new definition of "waters of the United...more
In Short -
The Situation: The Inflation Reduction Act ("IRA") imposes a charge on excess methane emissions from designated petroleum and natural gas facilities beginning January 1, 2024....more
Snapshot of Incentives -
Consumer incentives include tax credits for clean and efficient energy, $9 billion in home energy rebate programs, a $4,000-$7,500 tax credit for qualified individuals to purchase zero-emission...more
After years of attempts with varying success to regulate methane emissions from new oil and gas wells, the Biden administration has shifted strategy in proposing a regulatory program covering both new and existing oil and...more
11/22/2021
/ Air Pollution ,
Biden Administration ,
Bureau of Land Management ,
Clean Air Act ,
Climate Action Plan ,
Climate Change ,
Comment Period ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Methane ,
New Regulations ,
New Source Performance Standards (NSPS) ,
Oil & Gas ,
Regulatory Agenda ,
Regulatory Reform
In its first week in office, the Biden Administration took initial steps to meet its ambitious goals to address climate change. These steps are contained in a January 20, 2021, executive order (the "Day One Order"), a January...more
3/1/2021
/ Affordable Clean Energy (ACE) Rule ,
Biden Administration ,
CEQ ,
Climate Change ,
Department of Justice (DOJ) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
NEPA ,
Paris Agreement ,
Regulatory Agenda
The Situation: The Supreme Court held that a discharge through groundwater that is the functional equivalent of a direct discharge to navigable waters requires a Clean Water Act permit.
The Result: Some discharges to...more
5/6/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
The Situation: Proposed resolutions in Congress and an injunction request in a Ninth Circuit case both seek significant reductions in fossil fuel use throughout the economy.
The Result: In the near term, it is easy to...more
3/15/2019
/ Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Energy Policy ,
Environmental Policies ,
Fossil Fuel ,
Green New Deal ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Oil & Gas ,
Proposed Legislation ,
Public Trust Doctrine
February 2019 In Short The Situation: The definition of "waters of the United States" in the Clean Water Act ("CWA") circumscribes the jurisdictional authority of the federal government under the Act. This impacts not just...more
3/6/2019
/ Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Jurisdiction ,
Navigable Waters ,
Oil & Gas ,
Proposed Regulation ,
Proposed Rules ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands