News & Analysis as of

Carbon Emissions

Attention NSR Geeks #2: EPA Flips Position on “Project Netting”

by Stoel Rives LLP on

On March 13, 2018, EPA issued another new NSR interpretation. This one allows a source to take into account emissions decreases when performing the first step in determining NSR applicability, effectively rewriting the long...more

New Source Review/Clean Air Act: March 13th U.S. Environmental Protection Agency Memorandum Addressing Project Emissions...

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 13th guidance memorandum titled: Project Emissions Accounting Under the New Source Review Preconstruction Permitting...more

Oil and Natural Gas Sector/Clean Air Act New Source Performance Standards: U.S. Environmental Protection Agency Final Rule...

The United States Environmental Protection Agency (“EPA”) in a March 12 Federal Register notice promulgated a final rule which encompassed revisions to the Clean Air Act New Source Performance Standards (“NSPS”) for the oil...more

Court Ruling Signals Potential Expansion of Civil RICO Liability to Include Automotive Suppliers in Emissions Violations Cases

by Dechert LLP on

A U.S. federal district court, on February 20, 2018, declined to dismiss class plaintiffs’ civil RICO claim against GM and a major automotive supplier, where plaintiffs alleged that GM and the supplier conspired to defraud...more

Tenth Circuit Holds Bureau of Land Management Improperly Relied On Unsupported and Irrational Assumption in Analyzing...

WildEarth Guardians v. United States Bureau of Land Management, et al., 870 F.3d 1222 (10th Cir. 2017). WildEarth Guardians and the Sierra Club (collectively, “Plaintiffs”) brought a claim under the Administrative Procedure...more

U. S. Environmental Protection Agency Programmatic Treatment of Biomass/Forest Products Industry: February 13th Letter from...

The United States Environmental Protection Agency Administrator E. Scott Pruitt (“Pruitt”) hand delivered, during a visit to the State of New Hampshire, a letter to Governor Chris Sununu which is characterized as an update on...more

Advance Notice of Proposed Rulemaking/State Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating...

The Arkansas Department of Environmental Quality (“ADEQ”) submitted February 26th comments to the United States Environmental Protection Agency (“EPA”) in regards to an Advance Notice of Proposed Rulemaking titled: State...more

U.S. House of Representatives Subcommittee on Environment Hearing/New Source Review Permitting – Challenges for Manufacturing...

The Subcommittee on Environment of the United States House of Representatives Energy and Commerce Committee held a hearing on February 14th entitled: New Source Review Permitting Challenges for Manufacturing of...more

CRS Publishes Climate Change-Related Report

On February 1, the Congressional Research Service published a report entitled Evolving Assessments of Human and Natural Contributions to Climate Change. The report traces evolution of scientific understanding and confidence...more

Environmental Notes - March 2018

by Williams Mullen on

Since 1995, EPA has followed a policy that any air emissions source that emits one or more hazardous air pollutants (“HAPs”) above major source emissions thresholds is always considered a major source of HAPs. This is so even...more

Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Penalty to Morristown, Tennessee Cotton Batting...

The Tennessee Air Pollution Control Board (“Board”) issued a February 6th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jones Fiber Products, Inc. (“JFPI”) See Case No. APC17-0166. The Order...more

Changes Continue in EPA's Air Program

by Burr & Forman on

In late January, EPA issued a guidance memorandum related to major sources under § 112 of the Clean Air Act that will likely reduce participation in the program. ...more

EPA Tosses Out the “Once In, Always In” Policy For Major Sources of Hazardous Air Pollutants

by Robinson & Cole LLP on

On January 25, 2018, the Environmental Protection Agency (EPA) withdrew its longstanding but controversial “once in, always in” policy that a “major source” of hazardous air pollutants (HAP) was forever locked into “major...more

Commission on Environmental Quality/Shuqualak, Mississippi Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Shuqualak Lumber Company, Inc., Planer Mill Division (“SLC”) entered into a December 4th Agreed Order (“AO”) addressing alleged violations of an air permit and...more

EPA Withdraws “Once In Always In” Policy For Major HAP Sources

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In another example of business-friendly regulatory agency actions, the U.S. Environmental Protection Agency has just rescinded the “Seitz Memo” associated with the “Once In, Always In” policy affecting the...more

New Jersey To Rejoin Regional Greenhouse Gas Initiative (RGGI): The New Administration Already Means Changes To Climate Change...

by Cole Schotz on

New Jersey’s new governor signed an executive order yesterday directing his acting Department of Environmental Protection commissioner, Catherine McCabe, and Board of Public Utilities President Joseph Fiordaliso to begin...more

Trump Administration Rolls Back Climate Change Initiatives

As expected, the Trump administration has been actively engaged in efforts to reverse the federal government’s regulatory direction with respect to climate change. In 2017, President Donald Trump announced plans to withdraw...more

EPA Ends 20 Year “Once In, Always In” Policy for MACT Standards: May Effect Enforcement, New Permits

by Foley & Lardner LLP on

In a major change in air permitting policy, on January 25, 2018 U.S. EPA reversed its longstanding “once in, always in” policy governing what sources are subject to major source regulations for the emissions of air toxics...more

"Once In, Always In" Policy/Clean Air Act: January 25th U.S. Environmental Protection Agency Memorandum Announcing Withdrawal

The United States Environmental Protection Agency (“EPA”) Assistant Administrator for Air, William L. Wehrum, issued a January 25th Memorandum rescinding the agency’s Clean Air Act “Once In, Always In” policy....more

10 EU Competition & Regulatory Trends to Watch for in 2018

Introduction - Our “trends for 2018” are only a selection of interesting developments to watch for in 2018. Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given...more

Ohio State engineers develop shale gas process that curbs emissions

by Bricker & Eckler LLP on

Ohio State University reports that engineers at OSU are developing technologies that have the potential to economically convert fossil fuels, including natural gas, to useful products such as electricity without emitting...more

Trump and the Oil Patch One Year In

by Gray Reed & McGraw on

Let’s take a look at what President Trump has done for the oil industry in his first year (This is not about decorum, dossiers, tweets, or Oprah’s inauguration.) As in the past I refer to sources whose opinions and insights...more

Currents - Energy Industry Insights - January 2018 - Issue 2

Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more

Navigating the Way Forward at GVBOT Energy Forum

by Bennett Jones LLP on

Across British Columbia and around the world, a new relationship is developing between the low-carbon economy, carbon-based fuel, and communities. Governments in British Columbia and Canada have responded with legislation...more

Lowered Threshold for Emissions Reporting for Alberta Facilities

by Bennett Jones LLP on

Effective January 1, 2018, all facilities emitting 10,000 tonnes of carbon dioxide equivalent (CO2e) per year or more in Alberta are required to submit annual reports on their emissions to the Alberta government. ...more

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