On May 20, 2024, the U.S. Fish and Wildlife Service (FWS) issued a final rule listing the dunes sagebrush lizard (“DSL”) as endangered under the Endangered Species Act (“ESA”).1 The change in the DSL listing status, which...more
On May 14, 2024, the U.S. Environmental Protection Agency (“EPA”) published the final version of its revisions to the Greenhouse Gas Reporting Program (“GHGRP”) regulations for the oil and gas sector, often referred to as...more
The U.S. Environmental Protection Agency (EPA) has issued a final rule (the “Rule”) that substantially expands its Risk Management Program (“RMP”) regulations aimed at preventing chemical accidents. The Rule takes effect on...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
The Environmental Protection Agency (EPA) has released proposed and final rules that will regulate methane emissions from oil and gas operations, implement a methane emissions tax, and change greenhouse gas reporting...more
2/23/2024
/ Continuing Legal Education ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Events ,
Final Rules ,
Greenhouse Gas Emissions ,
Methane ,
Oil & Gas ,
Proposed Rules ,
Reporting Requirements ,
Tax Liability ,
Tax Planning
The Environmental Protection Agency (EPA) has published a proposed rule to assess and collect billions of dollars in methane “waste emission charges” from the oil and gas sector....more
Environmental Justice (“EJ”) continued to prove a major focus of the Biden administration in 2022. With wide-ranging initiatives across several federal agencies, the administration worked to strengthen enforcement, release...more
2/2/2023
/ Civil Rights Act ,
Clean Air Act ,
Compliance ,
Corporate Counsel ,
Department of Environmental Quality ,
Department of Justice (DOJ) ,
Enforcement ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
FERC ,
Inflation Reduction Act (IRA) ,
Natural Gas Act ,
Title VI
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 Environmental Protection Agency (“EPA”) has launched a new national office tasked with enforcing EPA-related civil rights laws in disadvantaged communities and overseeing billions of dollars earmarked for environmental...more
The U.S. Environmental Protection Agency (“EPA”) has announced its latest priority for Clean Air Act enforcement: stationary engines. In an enforcement alert, EPA states that it has been finding numerous violations of Clean...more
9/12/2022
/ Carbon Emissions ,
Clean Air Act ,
Compliance ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fines ,
National Emissions Standards ,
NESHAP ,
Pollution Control ,
Reporting Requirements
The U.S. Environmental Protection Agency (“EPA”) has proposed substantial changes to its Risk Management Program (“RMP”) regulations aimed at preventing chemical facility accidents, a move that will affect industrial...more
The U.S. Environmental Protection Agency’s (“EPA”) supplemental proposal for regulating methane and volatile organic compound emissions from the oil and gas sector is coming in October, according to the EPA’s latest...more
The U.S. Environmental Protection Agency (“EPA”) recently announced that it is conducting another round of aerial inspections of upstream and midstream facilities in the Texas and New Mexico Permian Basin....more
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
The Department of Justice (“DOJ”) issued a Comprehensive Environmental Justice Enforcement Strategy (“the Strategy”) on May 5, 2022, pursuant to President Biden’s January 2021 Executive Order on Tackling the Climate Crisis at...more
EPA has received more than 300,000 comments on its November 2021 proposal to regulate methane from new and existing sources in the oil and gas production sector. We previously wrote about EPA’s proposal. Now we’ve analyzed a...more
The concept of “environmental justice” (“EJ”) is not new—the federal government has been working to define and address environmental justice and related human health and environmental effects since the Clinton administration....more
1/13/2022
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Discrimination ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Joe Biden ,
Low Income Housing ,
Low-Income Issues ,
NEPA ,
OIG ,
Title VI
On November 15, 2021, the Environmental Protection Agency (“EPA”) published a proposed rule that included three separate actions under the Clean Air Act that target new and existing air emission sources at oil and natural gas...more
The first action proposes first-time emission guidelines to reduce methane emissions from almost 1 million existing oil and gas wells, almost 2,000 existing interstate natural gas compressor stations, and over 500 existing...more
11/5/2021
/ Air Pollution ,
Clean Air Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Methane ,
Natural Gas ,
New Source Performance Standards (NSPS) ,
Oil & Gas ,
Pollution Control ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Storage Tanks ,
Volatile Organic Compounds (VOC)
Join V&E environmental lawyers Matthew Dobbins, Corinne Snow, and Patrick Traylor as they host a CLE via webcast on the EPA’s new proposed rule for methane from the oil and gas sector, provide an update on air enforcement and...more
Join Vinson & Elkins for our eleventh annual seminar focusing on what you need to know about the most important evolving topics and the changing regulatory environment surrounding unconventional oil and gas...more
9/30/2021
/ Biden Administration ,
Carbon Emissions ,
Continuing Legal Education ,
Energy Policy ,
Energy Sector ,
Enforcement ,
Environmental Litigation ,
Environmental Policies ,
Hydraulic Fracturing Study ,
Oil & Gas ,
Upstream Contracts ,
Webinars
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)
The Environmental Protection Agency (“EPA”) recently unveiled its new Power Plants and Neighboring Communities mapping tool as part of its commitment to Environmental Justice (“EJ”). The mapping tool displays: the location of...more
The U.S. Environmental Protection Agency (“EPA”) has announced its newest target for Clean Air Act enforcement: metal recycling facilities. In an enforcement alert issued in July 2021, EPA states that it has identified...more
For the second time in as many weeks, the acting head of the EPA’s enforcement office has issued a memorandum (the “Memorandum”) outlining additional actions to advance the EPA’s environmental justice (“EJ”) goals...more