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Back Again: EPA Issues its Third Iteration of CO2 Reduction Rules for the Power Sector

On April 24, 2024, the U.S. Environmental Protection Agency (“EPA”) issued a final rule mandating aggressive carbon dioxide (CO2) emissions reductions from existing coal-fired power plants and new natural gas-fired turbines...more

Impact of Colorado Carbon Capture Legislation on Oil and Natural Gas Producers

State proposal to expand carbon capture authority also proposes changes to the Oil and Gas Conservation Act As part of a bill revising aspects of the Colorado Energy and Carbon Management Commission’s (ECMC) (f/k/a Colorado...more

Colorado Bill Seeks to Expand ECMC Authority Over Carbon Management

Building on 2023 legislation granting the Colorado Energy and Carbon Management Commission (ECMC) authority over wells used to inject and permanently sequester carbon dioxide (CO2), the Colorado General Assembly is...more

Wyoming Passes Bill to Bolster Carbon Management Opportunities

With interest and activity in carbon capture, sequestration and storage and low carbon energy production ramping up, especially in Wyoming, the energy industry is celebrating the signing of HB0032. The bill, titled “Geologic...more

EPA Proposes Significant Revisions to GHG Reporting Requirements in Subpart W

When the Environmental Protection Agency (EPA) launched the Greenhouse Gas Reporting Program (GHGRP) in 2009, the objective was to collect and publicly report greenhouse gas emissions data across certain industries. Through...more

Third Time’s the Charm?

EPA Again Proposes to Regulate Greenhouse Gas Emissions from Power Plants - Today, the Environmental Protection Agency (EPA) published new proposed rules in the Federal Register to regulate greenhouse gas (GHG) emissions...more

Colorado Contemplates Expanding the Mission of Its Oil and Gas Commission

Amid increasing attention on carbon management and energy supply diversification, three Colorado legislators introduced a bill late in the session that would transform Colorado’s Oil and Gas Conservation Commission (COGCC)...more

New Year, New NEPA Guidance

CEQ Issues an Updated Framework for Agencies to Assess Greenhouse Gas Emissions and Climate Impacts Federal agencies have new guidance to analyze and disclose greenhouse gas (GHG) emissions and climate change under the...more

A New Frontier in Class VI Carbon Storage Permitting on the Horizon

A promising long-term carbon storage solution could become more viable as the federal government and several states look to speed up the Class VI injection well permitting process. The Safe Drinking Water Act requires the...more

Shifting Winds: D.C. Circuit Questions EPA Air Quality Modeling in Good Neighbor Provision Case

Late last month, the D.C. Circuit Court of Appeals heard oral arguments in Midwest Ozone Group v. EPA, the latest challenge to the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR). The Good...more

Department of Energy Announces Significant Investment in Direct Air Capture

Last week, the U.S. Department of Energy (“DOE”) released a notice of intent to fund the 2021 Infrastructure Investment and Jobs Act’s program for direct air capture (“DAC”) of carbon dioxide at four regional hubs. The...more

New CEQ Guidance Promotes “Responsible Deployment” of Carbon Capture, Utilization and Sequestration

Hot on the heels of a new Biden administration initiative to cut industrial sector emissions via carbon capture, utilization and sequestration (CCUS) and other methods, the Council on Environmental Quality (CEQ) issued new...more

EPA Reverses Trump Era Clean Air Act SSM Policy

The Environmental Protection Agency’s (“EPA’s”) guidance, issued Sept. 30, 2021, revoking the Trump-era Startup, Shutdown, and Malfunction (“SSM”) guidance signals difficult permitting decisions ahead for emitters across...more

Clean Air Act in Court: Shaping Non-Attainment State Implementation Plans

As states continue to revise state implementation plans (SIP) to meet the requirements of the Clean Air Act (CAA), two recent decisions out of the Ninth Circuit Court of Appeals are likely to affect how contingency measures...more

The Gaining Momentum Surrounding Carbon Capture Use and Sequestration: Overcoming Legal and Regulatory Hurdles

As the country, policymakers and industry focus on reducing greenhouse gas (GHG) emissions, carbon capture use and sequestration (CCUS) has become an important piece of the solution. CCUS is capturing carbon dioxide (CO2)...more

Acting SEC Chair’s Directive Signals Changes Coming for Climate Risk Disclosures

The acting chair of the U.S. Securities and Exchange Commission (“SEC”) last week issued a statement (available here) directing the agency to focus on climate-related disclosures in public company filings. The statement is in...more

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