On May 22, 2025, the House passed budget reconciliation legislation referred to as “The One, Big, Beautiful Bill” (the “Bill”). As currently written, the Bill would reshape key aspects of federal energy policy by targeting...more
5/27/2025
/ Budget Reconciliation ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Projects ,
FERC ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Natural Gas ,
NEPA ,
New Legislation ,
Oil & Gas ,
Permits ,
Pipelines ,
Regulatory Reform
On April 8, 2025, President Trump issued an Executive Order titled “Protecting American Energy From State Overreach” (the “Executive Order”), which directs the United States Attorney General to identify and halt the...more
If past is prologue, while the second Trump administration is expected to take a number of actions that could lead to increased volatility with respect to renewable identification number (“RIN”) prices just as the first did,...more
Despite the Biden administration’s public support for carbon capture and sequestration (“CCS”), we saw neither faster CCS permit approvals from the U.S. Environmental Protection Agency (“EPA”) nor a significant push towards...more
On February 19, 2025, the Council on Environmental Quality (“CEQ”) released a pre-publication version of an interim final rule (the “Interim Rule”) to rescind all of CEQ’s previous and current regulations implementing the...more
2/24/2025
/ Administrative Procedure Act ,
Compliance ,
Corporate Counsel ,
Environmental Justice ,
Environmental Policies ,
Executive Orders ,
Final Rules ,
NEPA ,
Proposed Rules ,
Regulatory Reform ,
Trump Administration
Environmental Justice (“EJ”) continued to prove a major focus of the Biden administration in 2022. With wide-ranging initiatives across several federal agencies, the administration worked to strengthen enforcement, release...more
2/2/2023
/ Civil Rights Act ,
Clean Air Act ,
Compliance ,
Corporate Counsel ,
Department of Environmental Quality ,
Department of Justice (DOJ) ,
Enforcement ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
FERC ,
Inflation Reduction Act (IRA) ,
Natural Gas Act ,
Title VI
New guidance from the U.S. Environmental Protection Agency (“EPA”) sheds light on how the agency intends to incorporate environmental justice (“EJ”)1 into air permitting programs across the country. The direct effect of the...more
The Environmental Protection Agency (“EPA”) has launched a new national office tasked with enforcing EPA-related civil rights laws in disadvantaged communities and overseeing billions of dollars earmarked for environmental...more
The U.S. Environmental Protection Agency (“EPA”) has announced its latest priority for Clean Air Act enforcement: stationary engines. In an enforcement alert, EPA states that it has been finding numerous violations of Clean...more
9/12/2022
/ Carbon Emissions ,
Clean Air Act ,
Compliance ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fines ,
National Emissions Standards ,
NESHAP ,
Pollution Control ,
Reporting Requirements
Since 2021, the Administration has released several mapping tools addressing environmental and health impacts on environmental justice (“EJ”) communities....more
The U.S. Environmental Protection Agency (“EPA”) recently announced that it is conducting another round of aerial inspections of upstream and midstream facilities in the Texas and New Mexico Permian Basin....more
On Sunday, August 7 the Senate passed the Inflation Reduction Act of 2022 (the Act) as part of the FY 2022 Budget Reconciliation bill. The House is now slated to reconvene on Friday, August 12 to vote on the Act and send it...more
The Department of Justice (“DOJ”) issued a Comprehensive Environmental Justice Enforcement Strategy (“the Strategy”) on May 5, 2022, pursuant to President Biden’s January 2021 Executive Order on Tackling the Climate Crisis at...more
On March 28, 2022, the Environmental Protection Agency (“EPA”) published its Final Strategic Plan (“Strategic Plan”) setting forth the agency’s priorities over the next four years based on seven strategic goals focused on the...more
On March 28, 2022, the U.S. Army Corps of Engineers (“Corps”) published notice (“Notice”) that it is undertaking a formal review of Nationwide Permit (“NWP”) 12, one of over 50 general permits available nationwide that allow...more
Several environmental groups recently filed a suit (the “Complaint”) challenging two EPA rules (the “PFAS rules”) that added a total of 175 PFAS chemicals to the list of toxic chemicals subject to reporting under what is...more
On October 25, 2021, the Environmental Protection Agency (“EPA”) released a final human health toxicity assessment for two PFAS substances — hexafluoropropylene oxide dimer acid and its ammonium salt — also known as “GenX...more
In 2021, there was sustained and fast-paced executive action from the Biden administration focused on emphasizing and addressing the environmental and human health effects of per- and poly-fluoroalkyl substances, more...more
1/26/2022
/ CERCLA ,
Clean Water Act ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Joe Biden ,
PFAS ,
Recordkeeping Requirements ,
Reporting Requirements ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Wastewater
The Environmental Protection Agency (“EPA”) launched its PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (the “Roadmap”) on October 18, 2021. EPA presents the Roadmap as a comprehensive approach outlining the...more
The concept of “environmental justice” (“EJ”) is not new—the federal government has been working to define and address environmental justice and related human health and environmental effects since the Clinton administration....more
1/13/2022
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Discrimination ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Joe Biden ,
Low Income Housing ,
Low-Income Issues ,
NEPA ,
OIG ,
Title VI
In a high-profile dispute between federal prosecutors and the Los Angeles Angels relating to criminal charges filed in the aftermath of a tragic overdose and death of an Angels pitcher, the government went on the offensive...more
1/13/2022
/ Attorney-Client Privilege ,
Controlled Substances ,
Corporate Counsel ,
Crisis Management ,
DEA ,
Federal Rules of Civil Procedure ,
Internal Investigations ,
Motion to Compel ,
Privilege Waivers ,
Privileged Communication ,
Public Relations ,
Public Statements ,
Subpoenas ,
Third-Party
With respect to federal procurement, EO 14030 proposes to integrate climate disclosure and impact reduction efforts into the acquisition process. Specifically, EO 14030 requires that the Federal Acquisition Regulatory (“FAR”)...more
In September 2021, the Environmental Protection Agency (“EPA”) released its Preliminary Effluent Guidelines Program Plan 15 (“Preliminary Plan 15”) which includes two new rulemakings that are intended to reduce Per- and...more
10/22/2021
/ Clean Water Act ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Effluent Limitations ,
Enforcement Guidance ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
PFAS ,
Public Health ,
Regulatory Agenda ,
Rulemaking Process ,
Toxic Chemicals ,
Toxic Exposure ,
Wastewater
Estimating, reporting, and mitigating risk concerning environmental justice (“EJ”) has increasingly become a complex undertaking. The EPA defines environmental justice as “the fair treatment and meaningful involvement of all...more
The Environmental Protection Agency (“EPA”) recently unveiled its new Power Plants and Neighboring Communities mapping tool as part of its commitment to Environmental Justice (“EJ”). The mapping tool displays: the location of...more