The U.S. Supreme Court is poised to address a circuit split over whether an agency doing an environmental review under the National Environmental Policy Act (NEPA) must consider effects beyond its regulatory jurisdiction,...more
12/20/2024
/ Appeals ,
Chevron Deference ,
Climate Change ,
Construction Project ,
Environmental Impact Statements ,
Government Agencies ,
Greenhouse Gas Emissions ,
NEPA ,
Oral Argument ,
Regulatory Authority ,
SCOTUS ,
Surface Transportation Board ,
Vacatur
With a renewed focus on domestic energy production and regulatory reform, the incoming administration signals significant shifts in U.S. energy and climate priorities.
The incoming Trump Administration will prioritize...more
12/19/2024
/ China ,
Clean Energy ,
Climate Change ,
Department of Energy (DOE) ,
Electric Vehicles ,
Energy Costs ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
Energy Storage ,
Export Bans ,
Geothermal Energy ,
Grants ,
Hydrogen Power ,
Incentives ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Keystone XL Pipeline ,
Liquid Natural Gas ,
Minerals ,
Nuclear Power ,
Oil & Gas ,
Paris Agreement ,
Regulatory Reform ,
Renewable Energy ,
Renewable Fuel ,
Solar Energy ,
Tax Credits ,
Tax Cuts and Jobs Act ,
Trump Administration ,
UNFCCC ,
Wind Power
Governor Newsom signs amended law, abandoning prior bid to provide additional time for implementation.
Despite efforts by California Governor Gavin Newsom to provide more time for businesses to comply with the new...more
Artificial intelligence, data centers, carbon removal and zero-emission power may sound like a winning line (plus the Free Space) on a 2024 Buzzword Bingo card. But the concepts have come into dramatic real-world tension as...more
9/12/2024
/ Artificial Intelligence ,
Carbon Emissions ,
Data Centers ,
Electricity ,
Energy Sector ,
Energy Storage ,
Green Energy ,
Infrastructure ,
Innovative Technology ,
Renewable Energy ,
Technology Sector
On May 20, 2024, the U.S. Fish and Wildlife Service published a final rule listing the dunes sagebrush lizard as endangered under the Endangered Species Act.
The listing does not include a designation of critical habitat....more
The rules address the listing process for critical species and habitat designations, as well as protections for threatened species.
In a reversal, the rules also revise the ESA Section 7 interagency consultation process...more
Beginning April 12, 2024, USFWS will offer a general permit application for incidental take of bald and golden eagles for wind energy and power line projects.
The general permit option will provide an alternative to...more
The U.S. Department of the Interior (DOI) published a proposed rule aimed at modernizing and streamlining the “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response,...more
Both regulators and the regulated community must remain alert to accommodate the constantly changing regulatory scheme created in the post-Sackett world.
The application of Maui and Sackett in recent months confirms the...more
2/26/2024
/ Chevron Deference ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States
Louisiana is the third state granted authority to permit and regulate Class VI underground injection control (UIC) wells, marking a significant step forward for these projects.
The Environmental Protection Agency (EPA)...more
The U.S. Department of the Interior (DOI) anticipates proposing a new rule that would revise its “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response, Compensation, and...more
The 2023 redefinition reinstates the “1986” framework defining the reach and scope of navigable waters.
To determine if a regulated body of water is located on the landowner’s property, the agencies acknowledge these...more
The EPA’s tentative determination signals the possibility of a future course reversal, and interested parties should consider making public comments, which could influence the outcome of the process.
The U.S. Environmental...more
As demand increases for low-carbon technologies to power the energy transition, the acquisition of critical materials—so-called given their integral role in the transition of energy activities—is becoming increasingly...more
EPA released a pre-publication notice of its long-anticipated proposed rule to designate certain PFOS and PFOA as CERCLA (Superfund) hazardous substances.
CERCLA hazardous substances designation would fulfill an important...more
As the world pursues ambitious net-zero carbon emission goals, demand is soaring for the critical materials required for the technologies leading the energy transition. Lithium may be the most well-known of these inputs due...more
New federal health advisory levels for per- and polyfluoroalkyl substances reflect added stringency of PFAS regulation and raise concerns about effective monitoring.
The Biden Administration’s EPA continues its push to...more
An EMS is a straightforward and effective strategy to implement Environmental Social and Governance principles and enhance their performance.
An EMS can help businesses ensure that their ESG programs are in compliance with...more
Rule change may have impact on permitting, reporting and enforcement for sites dealing with emergencies.
The Texas Commission on Environmental Quality (TCEQ) has adopted changes to compliance history rules that would...more
Companies should consider taking proactive measures to avoid being blindsided by future microplastic-related laws.
California’s adoption of the Statewide Microplastics Strategy is the first attempt by a U.S. state to...more
The Texas Commission on Environmental Quality (TCEQ) has proposed changes to compliance history rules that would authorize the Executive Director to unilaterally “reclassify” a facility’s compliance history in the wake of an...more
The agenda-setting document promises rulemakings across multiple EPA programs to expand the scope—and accelerate the pace—of PFAS regulation.
The Biden administration continues the beat on PFAS regulation by releasing its...more
12/7/2021
/ Biden Administration ,
CERCLA ,
Clean Air Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
EPCRA ,
New Regulations ,
NPDES ,
PFAS ,
Rulemaking Process ,
Safe Drinking Water Act ,
Toxic Substances Control Act (TSCA)
The Greater Houston Partnership’s new Energy Transition Strategy report makes an economic case that the Houston region is poised to lead the energy transition, articulating an industry-driven vision that builds on the City of...more
Emergency Use Authorizations will play a role as the pandemic eases, but a transition to ordinary course approvals is underway.
As long as the COVID-related emergency is deemed to exist, fast-tracked FDA regulatory...more
7/21/2021
/ Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
FDA Approval ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Medical Devices ,
Popular ,
Public Health Emergency ,
Secretary of HHS ,
Supply Shortages ,
Vaccinations
PFAS continues to be an area of focus for EPA and state agencies, as well as an ever-increasing litigation risk for companies that have manufactured, imported, processed, or otherwise used products including chemicals...more
2/23/2021
/ CERCLA ,
Clean Water Act ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
EPCRA ,
Hazardous Substances ,
Multidistrict Litigation ,
PFAS ,
Safe Drinking Water Act ,
Toxic Substances Control Act (TSCA)