On March 14, 2025, President Trump signed legislation disapproving the Environmental Protection Agency’s regulation implementing the Inflation Reduction Act’s tax on methane emissions from the oil and gas sector. The Joint...more
During the 2024 campaign, President-elect Donald Trump promised his supporters that he would direct federal agencies on day one to “immediately remove every single burdensome regulation driving up the cost of goods.” For the...more
12/5/2024
/ Administrative Procedure Act ,
Biden Administration ,
Carbon Emissions ,
Clean Air Act ,
Congressional Review Act ,
COP ,
Deregulation ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Inflation Reduction Act (IRA) ,
PFAS ,
Regulatory Reform ,
Supplemental Environmental Project (SEP) Policy ,
Trump Administration ,
Volatile Organic Compounds (VOC)
On August 14, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) released a redacted copy of its opinion in Sinclair Wyoming Refining Co. LLC v. EPA, in which the D.C. Circuit...more
EPA has received more than 300,000 comments on its November 2021 proposal to regulate methane from new and existing sources in the oil and gas production sector. We previously wrote about EPA’s proposal. Now we’ve analyzed a...more
On November 15, 2021, the Environmental Protection Agency (“EPA”) published a proposed rule that included three separate actions under the Clean Air Act that target new and existing air emission sources at oil and natural gas...more
The first action proposes first-time emission guidelines to reduce methane emissions from almost 1 million existing oil and gas wells, almost 2,000 existing interstate natural gas compressor stations, and over 500 existing...more
11/5/2021
/ Air Pollution ,
Clean Air Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Methane ,
Natural Gas ,
New Source Performance Standards (NSPS) ,
Oil & Gas ,
Pollution Control ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Storage Tanks ,
Volatile Organic Compounds (VOC)
In the upcoming weeks, the Environmental Protection Agency (“EPA”) is expected to release a proposed rule that would greatly expand methane regulations for the oil and gas sector. While EPA has previously issued regulations...more
9/27/2021
/ Clean Air Act ,
Climate Action Plan ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Methane ,
Natural Gas ,
New Source Performance Standards (NSPS) ,
Oil & Gas ,
Public Comment ,
Regulatory Agenda ,
Regulatory Reform ,
Volatile Organic Compounds (VOC)
While much of recent federal per- and polyfluoroalkyl substances (“PFAS”) regulatory activity has focused on water supply and soil contamination of PFAS compounds, the Environmental Protection Agency’s (“EPA”) ongoing...more
On April 29, 2021, the Senate passed a resolution (the “Resolution”) to disapprove a rule adopted by the Trump administration which lifted certain requirements that had been put in place by an Obama-era methane rule, also...more
5/3/2021
/ Barack Obama ,
Clean Air Act ,
Congressional Review Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Joe Biden ,
Methane ,
Natural Gas ,
New Source Performance Standards (NSPS) ,
Oil & Gas ,
Trump Administration
As discussed in this previous post, the state of methane regulation for the oil and gas industry has been in flux over the past few years as federal regulations issued by the Obama administration were challenged in court and...more
4/2/2021
/ Biden Administration ,
Clean Air Act ,
Congressional Review Act ,
Department of Justice (DOJ) ,
Environmental Protection Agency (EPA) ,
Methane ,
New Source Performance Standards (NSPS) ,
Obama Administration ,
Oil & Gas ,
Trump Administration ,
Volatile Organic Compounds (VOC)
Ordinarily, the law governing how agencies create regulations — the Administrative Procedure Act — requires a thirty-day window between when a rule is published in the Federal Register and becomes “final” and when the rule is...more
While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more
1/28/2021
/ Biden Administration ,
Clean Air Act ,
Department of Justice (DOJ) ,
Department of Natural Resources ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Methane ,
OECA ,
OIRA ,
Performance Standards ,
Renewable Energy ,
Supplemental Environmental Project (SEP) Policy
On December 14, 2020, the EPA Office of the Inspector General sent a Memorandum to EPA’s head of enforcement, Susan Bodine, informing her that it would undertake an assessment of how the coronavirus pandemic has impacted...more
As discussed in these two previous posts, EPA recently released two rules changing the volatile organic compound (“VOC”) and methane emissions requirements for new sources in the oil and gas sector, which alter or roll back...more
On August 13, 2020, EPA released two rules changing the volatile organic compound (“VOC”) and methane emissions requirements for new sources in the oil and gas sector, which alter or roll back some of the requirements put in...more
9/2/2020
/ Clean Air Act ,
Climate Change ,
Department of the Interior ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Methane ,
New Source Performance Standards (NSPS) ,
Oil & Gas ,
Recordkeeping Requirements ,
Reporting Requirements ,
Volatile Organic Compounds (VOC)