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Energy Contracting and the Hidden Power of the Force Majeure Clause - Energy Law Insights [Video]

The energy sector is currently undergoing seismic change and with that change comes tremendous opportunity. Our energy video series, which features nationally recognized Troutman Pepper partners as they discuss a vast array...more

Navigating Power Allocation and Customer Choice in a Regulated Landscape [Video]

The landscape for utilities and their customers in the power allocation space is heavily regulated. Minimum load requirements, contested rights, and myriad other issues must be understood — and handled effectively — to...more

Air and Climate Report: January 2024

PM NAAQS: Already behind schedule is perhaps the mostly widely impactful rule change EPA has proposed in many years: a lowering of the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). EPA has...more

US EPA Issues Final Rule on PFAS Relating to Community Right-to-Know and Pollution Prevention Acts

On October 18, U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention submitted a final rule for publication in the Federal Register, amending 40 CFR Part 372, involving reporting...more

Air & Climate Report: August 2022

In the world of air quality and climate change, summer 2022 began with a bang, as the Supreme Court finally spoke on the merits of EPA’s efforts to regulate carbon dioxide emissions from power plants under Section 111 of the...more

EPA Sets Screening Levels for Five PFAS Compounds

The U.S. Environmental Protection Agency (EPA) this week added five PFAS chemicals for a total of six PFAS chemicals to a list of risk-based values. EPA uses these values to determine if response or remediation activities are...more

Air & Climate Report: April 2022

With spring finally arriving, the long-expected avalanche of EPA activity on air issues has also arrived. In this second year of the Biden administration, following the pattern of prior administrations, we are starting to see...more

White House CEQ Asks Fourth Circuit for a “Do Over” on NEPA

On January 18, the White House Council on Environmental Quality (CEQ) urged the Fourth Circuit, U.S. Court of appeals to affirm the pre-application dismissal of environmentalists’ litigation over a Trump era rule that...more

1/28/2022  /  CEQ , Environmental Policies , NEPA

EPA’s Delivery of Draft Rule to OMB for Study Starts the Clock for Potential PFAS Reporting and Enforcement Activity by 2023

Gearing up for a potential final rule in summer 2023, the U.S. Environmental Protection Agency (EPA) on January 10 submitted a proposed rule to the White House Office of Management and Budget (OMB) to designate...more

Equitable Apportionment of Interstate Waters Sinks to New Levels

In a landmark ruling signaling a new lens with which to view the treatment of interstate water allocation, the U.S. Supreme Court issued a decision on November 22 in Mississippi v. Tennessee, et al., 595 U.S. ___ (Case No....more

Exxon Mobil Corp. Board Turnover: A Cautionary ESG Tale or Recipe for Success

The financial world appears to be reeling from the recent board of director election held by Exxon Mobil Corp. (Exxon) in which activist Hedge Fund Engine 1 (Engine 1) garnered enough votes to seat two directors (Kaisa...more

Georgia Prevails Before Supreme Court In Long Running Water Wars Dispute

In an April 1, 2021 ruling, the U.S. Supreme Court overruled Florida’s exceptions to the decision of Special Master Judge Paul Kelly in its long-running dispute with Georgia over the use of water in the...more

Environmental Justice in Georgia: Proposal of the Georgia Environmental Justice Act of 2021 (Proposed HB 432)

The topic of environmental justice garnered more attention as the Biden-Harris administration took office. On February 11, HB 432 was introduced by six Democrats in Georgia’s House of Representatives. The proposed bill is...more

Supreme Court Sides with Agency on Deliberative Process Privilege

Today, in U.S. Fish and Wildlife Service et al. v. Sierra Club Inc., Case No. 19-547, the United States Supreme Court struck down a Ninth Circuit Court of Appeals’ ruling that the federal government was required to turn over...more

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