As part of its Federal Sustainability Plan, the Biden administration has issued a proposed rule that would revise the Federal Acquisition Regulation (“FAR”) to incentivize federal government buyers to prioritize the...more
9/12/2023
/ Biden Administration ,
Comment Period ,
ENERGY STAR Program ,
Environmental Protection Agency (EPA) ,
Federal Acquisition Regulations (FAR) ,
Federal Trade Commission (FTC) ,
Green Guides ,
Omnibus Guidance ,
Policies and Procedures ,
Proposed Rules ,
Sustainability
The acting head of the EPA’s enforcement office issued a memorandum on June 21, 2021 (the “Memorandum”), that outlines actions to advance the EPA’s environmental justice (“EJ”) goals in criminal enforcement matters....more
With its “all of the above” approach to reducing greenhouse gases, the Biden administration will undoubtedly increase the tempo of EPA enforcement in the upstream and midstream sectors.
This Energy Series discussion is...more
6/4/2021
/ Biden Administration ,
Continuing Legal Education ,
Energy Sector ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Midstream Contracts ,
Oil & Gas ,
Upstream Contracts ,
Webinars
In recent years, there has been no shortage of interest and commentary dedicated to a group of chemicals known collectively as PFAS. As one example, the potential designation of certain PFAS — PFOA and PFOS (perfluorooctanoic...more
The Biden administration has signaled its intention to recriminalize non-purposeful, or incidental, “takes” of birds under the Migratory Bird Treaty Act (“MBTA”). The longstanding debate over the scope of criminal liability...more
3/18/2021
/ Biden Administration ,
Criminal Liability ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Incidental Take Permits ,
Migratory Bird Treaty Act (MBTA) ,
Oil & Gas ,
Renewable Energy ,
SCOTUS ,
Trump Administration ,
US Fish and Wildlife Service ,
Wind Power
Within the first month of the Biden administration, we have seen a high level of attention on per- and polyfluoroalkyl substances (“PFAS”). Increased focus on these “forever chemicals” is setting the stage for a challenging...more
Ordinarily, the law governing how agencies create regulations — the Administrative Procedure Act — requires a thirty-day window between when a rule is published in the Federal Register and becomes “final” and when the rule is...more
On February 5, 2021, the acting head of the U.S. Department of Justice (“DOJ”) division that brings environmental enforcement cases issued a memo revoking nine policy directives from the prior administration, including...more
While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more
On January 13, 2021, the Environmental Protection Agency (“the EPA”) announced its enforcement results for fiscal year (“FY”) 2020. The results show that the EPA had a steady year for civil enforcement resolutions and opened...more
PFAS regulation is one of the hot environmental topics and a key issue to watch during this next year. In this series of posts, V&E will address the increasing regulatory attention concerning a group of chemicals known as...more
While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more
1/28/2021
/ Biden Administration ,
Clean Air Act ,
Department of Justice (DOJ) ,
Department of Natural Resources ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Methane ,
OECA ,
OIRA ,
Performance Standards ,
Renewable Energy ,
Supplemental Environmental Project (SEP) Policy
On January 27, 2021, President Biden issued an executive order — effective immediately — directing the Secretary of the Interior to pause new oil and natural gas leases on federal public lands or offshore waters to the extent...more
1/28/2021
/ Biden Administration ,
BOEM ,
Bureau of Land Management ,
Department of Energy (DOE) ,
Executive Orders ,
Federal Leasing Regulations ,
Mineral Leases ,
Oil & Gas ,
Outer Continental Shelf ,
Outer Continental Shelf Lands Act ,
Secretary of the Interior ,
Tribal Lands
President-Elect Joe Biden has promised to change course, including on a number of the Trump Administration’s signature (de)regulatory and executive actions — from energy and the environment to public health, immigration, and...more