On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") announced a proposed rule to repeal key amendments to the 2024 Mercury and Air Toxics Standards ("MATS") for coal- and oil-fired electric utility steam...more
6/23/2025
/ Air Pollution ,
Clean Air Act ,
Coal Industry ,
Comment Period ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Infrastructure ,
MATS ,
Mercury ,
National Emissions Standards ,
Oil & Gas ,
Power Plants ,
Proposed Rules ,
Public Health ,
Regulatory Agenda ,
Regulatory Reform ,
Toxic Exposure ,
Trump Administration ,
Utilities Sector
Trump Paves Way for Coal Renaissance and Targets State Climate Change Efforts -
In early April, President Trump issued several presidential actions to revive the coal industry, including rolling back environmental...more
6/19/2025
/ Climate Action Plan ,
Climate Change ,
Congressional Review Act ,
Deregulation ,
Energy Policy ,
Energy Projects ,
Environmental Litigation ,
Environmental Policies ,
EU ,
Executive Orders ,
Greenhouse Gas Emissions ,
Infrastructure ,
NEPA ,
Oil & Gas ,
Regulatory Reform ,
Trump Administration ,
UK ,
Zero-Emission Vehicles
President Trump issued Executive Order ("EO") 14270 to reform the regulatory framework governing energy production through sunset provisions on all existing and future energy regulation....more
The U.S. Environmental Protection Agency ("EPA") announced it would reconsider the 2024 Risk Management Program ("RMP") rule....more
4/1/2025
/ Biden Administration ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
National Security ,
Oil & Gas ,
Popular ,
Proposed Rules ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Rulemaking Process ,
Trump Administration
The U.S. Environmental Protection Agency ("EPA") announced an agenda to revisit numerous regulations addressing the emission of greenhouse gases ("GHGs")....more
On December 26, 2024, New York enacted a law requiring certain energy companies to contribute cumulatively $75 billion to a climate "superfund" over the next 25 years....more
1/10/2025
/ Carbon Emissions ,
Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Energy Sector ,
Environmental Litigation ,
Environmental Policies ,
Greenhouse Gas Emissions ,
New Legislation ,
New York ,
Oil & Gas ,
Regulatory Reform ,
State and Local Government ,
Superfund
On July 22, 2024, U.S. Senators Joe Manchin (I-WV) and John Barrasso (R-WY) released a long-awaited energy permitting reform bill, which aims to accelerate the permitting process for critical energy, mineral, and related...more
7/26/2024
/ Energy Policy ,
Energy Projects ,
Energy Reform ,
FERC ,
Infrastructure ,
Judicial Review ,
Liquid Natural Gas ,
Natural Gas ,
Oil & Gas ,
Power Plants ,
Proposed Legislation ,
Regulatory Agenda ,
Statute of Limitations
Vermont passed a first-of-its-kind law requiring energy companies to pay for part of the damages from extreme weather events, but the law likely will face legal challenges....more
6/10/2024
/ Climate Change ,
Corporate Counsel ,
Corporate Liability ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Infrastructure ,
National Emissions Standards ,
New Legislation ,
New Regulations ,
Oil & Gas ,
Regulatory Requirements ,
Severe Weather ,
Superfund ,
Vermont
The Situation: The United States Environmental Protection Agency ("EPA") was required to overhaul the greenhouse gas reporting requirements for the petroleum and natural gas industry by the Inflation Reduction Act ("IRA") in...more
The Department of Treasury and the Internal Revenue Service released newly proposed regulations regarding the clean electricity production and investment tax credits....more
6/3/2024
/ Clean Energy ,
Energy Projects ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Investment Tax Credits ,
IRS ,
Oil & Gas ,
Production Tax Credit ,
Proposed Regulation ,
U.S. Treasury ,
Zero Emission Credits
On April 25, 2024, the Environmental Protection Agency ("EPA") finalized four rules to regulate pollution from fossil fuel-fired power plants. EPA's stated goal was to provide a framework on which power plants can rely for...more
On January 12, 2024, the EPA announced a proposed new rule entitled Waste Emissions Charge for Petroleum and Natural Gas Systems (the "Proposed Rule"). As required by Congress pursuant to the Inflation Reduction Act ("IRA"),...more
3/13/2024
/ Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Methane ,
Natural Gas ,
Oil & Gas ,
Proposed Rules ,
Regulatory Agenda ,
Waste Disposal
The Situation: The Environmental Protection Agency ("EPA") finalized regulations designed to reduce methane emissions from the oil and gas industry by 80% in coming years at both new and existing facilities. The regulations...more
12/12/2023
/ Clean Air Act ,
Congressional Review Act ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Greenhouse Gas Emissions ,
Methane ,
Natural Gas ,
Oil & Gas ,
Regulatory Reform
The Situation: The Inflation Reduction Act ("IRA") requires the U.S Environmental Protection Agency ("EPA") to finalize new greenhouse gas reporting rules for the petroleum and natural gas industry based on "empirical...more
The Environmental Protection Agency ("EPA") has announced a new proposed rule that would strengthen the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for Coal- and Oil- Fired Electric Utility Steam...more
4/10/2023
/ Air Pollution ,
Clean Air Act ,
Coal-Fired Generation ,
Coal-Fired Plants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
MATS ,
Mercury ,
NESHAP ,
Oil & Gas ,
Power Plants ,
Public Health ,
Regulatory Reform ,
Toxic Exposure
After years of attempts with varying success to regulate methane emissions from new oil and gas wells, the Biden administration has shifted strategy in proposing a regulatory program covering both new and existing oil and...more
11/22/2021
/ Air Pollution ,
Biden Administration ,
Bureau of Land Management ,
Clean Air Act ,
Climate Action Plan ,
Climate Change ,
Comment Period ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Methane ,
New Regulations ,
New Source Performance Standards (NSPS) ,
Oil & Gas ,
Regulatory Agenda ,
Regulatory Reform
On March 22, 2021, the U.S. Federal Energy Regulatory Commission ("FERC") issued an order authorizing Northern Natural Gas Company ("Northern") to abandon-in-place a segment of its natural gas pipeline running from Nebraska...more
First Quarter of Biden Presidency Impactful for Energy Industry -
On January 27, 2021, President Biden signed Executive Order 14008 ("E.O. 14008"), implementing a temporary pause on the auction of new oil and gas leases...more
Interim Update on Biden Administration Climate Change Initiatives -
The last edition of the Climate Report discussed President Biden's signing, on his first day in office, of an instrument for the United States to re-join...more
Climate Change Regulatory Issues & Updates -
Interim Update on Biden Administration Climate Change Initiatives -
The last edition of the Climate Report discussed President Biden's signing, on his first day in office,...more
The Biden administration's Executive Order on Tackling the Climate Crisis at Home and Abroad ("Executive Order") expands upon the Department of the Interior's Secretarial Order No. 3395 and indefinitely suspends the federal...more
2/3/2021
/ Biden Administration ,
Climate Change ,
Department of the Interior ,
Environmental Policies ,
Executive Orders ,
Mineral Leasing Act ,
Moratorium ,
NEPA ,
Oil & Gas ,
Outer Continental Shelf Lands Act ,
Regulatory Reform
Climate Change Regulatory Issues & Updates -
EPA Issues Affordable Clean Energy Rule -
The U.S. Environmental Protection Agency ("EPA") issued the Affordable Clean Energy rule on July 8 to repeal the Clean Power Plan...more
The Situation: Proposed resolutions in Congress and an injunction request in a Ninth Circuit case both seek significant reductions in fossil fuel use throughout the economy.
The Result: In the near term, it is easy to...more
3/15/2019
/ Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Energy Policy ,
Environmental Policies ,
Fossil Fuel ,
Green New Deal ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Oil & Gas ,
Proposed Legislation ,
Public Trust Doctrine
February 2019 In Short The Situation: The definition of "waters of the United States" in the Clean Water Act ("CWA") circumscribes the jurisdictional authority of the federal government under the Act. This impacts not just...more
3/6/2019
/ Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Jurisdiction ,
Navigable Waters ,
Oil & Gas ,
Proposed Regulation ,
Proposed Rules ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Outlined in an Environmental Protection Agency ("EPA") proposal published on August 31, 2018, the Affordable Clean Energy ("ACE") rule would replace the Obama Administration's Clean Power Plan ("CPP"). A 60-day public comment...more
9/18/2018
/ Biomass ,
Carbon Emissions ,
Clean Air Act ,
Clean Energy ,
Clean Power Plan ,
Coal Industry ,
Comment Period ,
Electricity ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
MATS ,
Oil & Gas ,
Power Plants ,
Proposed Rules ,
Public Comment ,
Renewable Energy ,
Trump Administration