Ethylene oxide (“EtO”), one of the most widely used and effective substances for sterilizing medical products and devices, has come under intense scrutiny by the Environmental Protection Agency (“EPA”), the Food and Drug...more
U.S. Government’s Continued Focus on Large Ship Air Emissions -
The U.S. Environmental Protection Agency (“EPA”) and the U.S. Coast Guard (“USCG”) continue to signal interest in addressing air pollution from large ships...more
2/14/2020
/ Air Pollution ,
Air Quality Standards ,
Carbon Emissions ,
Energy Sector ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Midstream Contracts ,
NEPA ,
Oil & Gas ,
Tax Credits ,
Transportation Industry ,
Vessels
The U.S. Environmental Protection Agency (“EPA”) and the U.S. Coast Guard (“USCG”) continue to signal interest in addressing air pollution from large ships and ocean-going vessels. Since statements made by EPA personnel in...more
1/14/2020
/ Carbon Monoxide Exposure ,
Civil Liability ,
Clean Air Act ,
Coast Guard ,
Criminal Liability ,
Diesel Fuel ,
Enforcement ,
Enforcement Actions ,
Enforcement Authority ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Fuel Standards ,
Inspections ,
Maritime Transport ,
Regulatory Standards ,
Vessels
On December 19, 2019, the Environmental Protection Agency (“EPA”) issued its final rule for renewable fuel volume requirements for 2020 under the Renewable Fuel Standard (“RFS”) program. The rule establishes the amount of...more
Rekindling the Flame: Oil & Gas Securitizations -
A number of recent structurings of investment-grade rated securitizations of oil and gas wells are sparking conversations in the U.S. upstream oil and gas industry about...more
12/20/2019
/ Arbitration ,
Climate Change ,
Energy Sector ,
Green Buildings ,
International Chamber of Commerce (ICC) ,
Liquid Natural Gas ,
Offshore Drilling ,
Oil & Gas ,
PFAS ,
Securitization ,
Service Contracts ,
Structured Finance
The IMO and the Price of Gas or The Impact of the International Maritime Organisation’s Sulphur 2020 Limit for Marine Fuel Oil on the Price of Gas -
The main bunker fuel for ships is High Sulphur Fuel Oil (HSFO, with...more
11/20/2019
/ Customs ,
Energy Sector ,
Energy Storage ,
Environmental Protection Agency (EPA) ,
FERC ,
Fuel Supply ,
Gas Prices ,
Liquid Natural Gas ,
Maritime Transport ,
Market Based Approach ,
Natural Gas ,
Offshore Drilling ,
Oil & Gas ,
Shipping ,
Utilities Sector ,
Utility Rates ,
Waters of the United States
On Tuesday, October 22, 2019, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published a final rule repealing the Obama Administration’s 2015 “WOTUS” rule, which set new and more expansive...more
Action May Have Far-Reaching Impacts -
Today, the Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) announced a joint rule intended to substantially affect...more
9/20/2019
/ Automotive Industry ,
Carbon Emissions ,
Clean Air Act ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Motor Vehicles ,
National Emissions Standards ,
NHTSA ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
Trump Administration
New York City and Los Angeles have announced unprecedented plans to address climate change with an emphasis on greenhouse gas emissions from large buildings. New York City enacted a legislation package requiring certain...more
5/2/2019
/ Building Codes ,
Carbon Emissions ,
Climate Change ,
Commercial Real Estate Market ,
Construction Industry ,
Exemptions ,
Green Buildings ,
Greenhouse Gas Emissions ,
Local Ordinance ,
Popular ,
Real Estate Development ,
Residential Real Estate Market
Shifting Dynamics in Latin America -
On March 5, 2019, King & Spalding hosted an Energy Forum, titled “Shifting Dynamics in Latin America”, to discuss the political and regulatory changes in Latin America and their impact...more
Whether a discharge to groundwater that results in pollution of jurisdictional surface waters is regulated under the Clean Water Act (the “CWA”) is the subject of much debate, conflicting decisions from the Circuit Courts of...more
Developers and landlords faced the first generation of “green building” initiatives with LEED (Leadership in Energy and Environmental Design) certification and EPA’s Energy Star programs. Now, the states are ready to embark...more
4/2/2019
/ Carbon Emissions ,
Climate Change ,
Construction Industry ,
Energy Policy ,
ENERGY STAR Program ,
Environmental Protection Agency (EPA) ,
Green Buildings ,
Greenhouse Gas Emissions ,
LEED Certified ,
Net Zero ,
Popular ,
Real Estate Development ,
Solar Panels
Texas Supreme Court Finds Anadarko is Entitled to Over $100 Million in Deepwater Horizon Defense Costs Based on Undefined Term in Insurance Policy -
Insurance coverage litigation arising out of the 2010 Deepwater Horizon...more
The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more
2/22/2019
/ Certiorari ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Navigable Waters ,
NPDES ,
Point Sources ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
SCOTUS ,
Waters of the United States ,
Wetlands
A Texas Federal Judge Turns Up the Heat on Oil Companies Facing Climate Change-Related Securities Class Actions -
On August 14, 2018, the United States District Court for the Northern District of Texas issued a...more
9/17/2018
/ Abu Dhabi Global Markets (ADGM) ,
Climate Change ,
Environmental Protection Agency (EPA) ,
EU ,
Exxon Mobil ,
Fuel Standards ,
Hydropower ,
Oil & Gas ,
Renewable Energy ,
Russia ,
Shareholders ,
Waste Management ,
Waters of the United States ,
Wind Power
On July 10, 2018, the Environmental Protection Agency (“EPA”) released its proposed rule for renewable fuel volume requirements for 2019 under the Renewable Fuel Standard (“RFS”) program. Although the proposed total...more
Courts Hold Clean Water Act Regulates Discharges through Groundwater, as Congress and Regulators Consider Responses -
The Ninth Circuit and Fourth Circuit have joined a growing number of lower courts finding that the...more
5/14/2018
/ Clean Water Act ,
Energy Sector ,
Greenhouse Gas Emissions ,
Groundwater ,
Infrastructure ,
Insurance Industry ,
Liens ,
Mexico ,
Oil & Gas ,
Oil Wells ,
Private Funds
The Ninth Circuit and Fourth Circuit have joined a growing number of lower courts finding that the Clean Water Act (“CWA” or the “Act”) regulates discharges to groundwater that serves as a conduit between a point source and...more
FERC Initiates Sweeping Reform of Ratemaking Treatment for Income Taxes -
On March 15, 2018, the Federal Energy Regulatory Commission (FERC) released a series of issuances intended to address the need to reflect the lower...more
4/18/2018
/ Aluminum Sales ,
Arbitration Agreements ,
Bilateral Investment Treaties ,
Clean Air Act ,
Environmental Protection Agency (EPA) ,
EU ,
FERC ,
Income Taxes ,
Infrastructure ,
Member State ,
NAFTA ,
Section 232 ,
Steel Industry ,
Tariffs ,
Tax Reform ,
Trump Administration
A recent 2-1 decision from the Fourth Circuit has expanded potential liability under the Clean Water Act (“CWA” or the “Act”):
— The Fourth Circuit became the second appellate court in as many months to adopt the “conduit”...more
There are recent, noteworthy developments affecting the U.S. Environmental Protection Agency’s (“EPA”) accidental release program. On March 16, EPA defended its decision to delay implementation of an Obama-era rule updating...more
Good news at last for the development of offshore wind projects in France -
While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more
3/14/2018
/ Arbitration ,
Canada ,
Clean Water Act ,
Construction Industry ,
Duty of Care ,
Energy Sector ,
Energy Storage ,
Environmental Protection Agency (EPA) ,
FERC ,
France ,
Groundwater ,
Offshore Wind ,
Pipelines ,
Subsidiaries ,
UK ,
Wind Power
A recent Ninth Circuit decision has expanded Clean Water Act (“CWA” or the “Act”) liability, holding that discharges to groundwater are actionable if there is a “fairly traceable” connection between the groundwater discharge...more
The Supreme Court unanimously ruled that challenges to the Waters of the United States (“WOTUS”) Rule, which defines the jurisdictional reach of the Clean Water Act, must be resolved in federal district courts and not the...more
Environmental Citizen Suits—A Growing Trend Under the Trump Administration -
In his first year in office, President Trump has begun to deliver on his campaign promise of rolling back environmental regulations—from the...more
12/14/2017
/ American Institute of Architects ,
Architects ,
Citizen Suits ,
Climate Change ,
Construction Contracts ,
Construction Industry ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Human Rights ,
Keystone XL Pipeline ,
Oil & Gas ,
Trump Administration