Signed into law on November 15, 2021, the landmark Infrastructure Investment and Jobs Act allocates $10 billion for the remediation of PFAS in drinking water. In turn, the bill divides the $10 billion into three categories:...more
Signed into law on November 15, 2021, the landmark Infrastructure Investment and Jobs Act, also called the bipartisan infrastructure bill, ("infrastructure bill") allocates $10 billion for the remediation of per- and...more
Carbon Capture and Sequestration (“CCS”), one form of which is known as Direct Air Capture, captures carbon dioxide (CO2) from man-made sources before CO2 is released into the atmosphere. The captured CO2 is then injected...more
In November 2021, “[t]he United States House of Representatives passed the Infrastructure Investment and Jobs Act, a once-in-generation bipartisan infrastructure bill that will create millions of jobs, turn the climate crisis...more
1/27/2022
/ Carbon Capture and Sequestration ,
Climate Action Plan ,
Climate Change ,
Department of Energy (DOE) ,
Electric Vehicles ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Hydrogen Power ,
Infrastructure Investment and Jobs Act (IIJA) ,
Investment ,
Lithium Batteries ,
Nuclear Power ,
Power Grid ,
Renewable Energy
On November 23, 2021, Texas Commission on Environmental Quality (TCEQ) Director of the Office of Compliance requested that TCEQ approve a proposed rulemaking intended to respond to a series of industrial events occurring over...more
On November 24, 2021, the EPA added natural gas processing (“NGP”) facilities to its list of facilities required to report information for inclusion in the Toxics Release Inventory (“TRI”). Created in 1986, the TRI is an...more
On November 2, 2021, the Environmental Protection Agency (“EPA”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing sweeping regulations on emissions from methane, what the Biden administration considers a “super...more
Emphasis on Environmental Justice and Climate Change -
The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice...more
10/21/2021
/ CERCLA ,
Clean Air Act ,
Clean Water Act ,
Climate Change ,
Enforcement ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NEPA ,
RCRA ,
Safe Drinking Water Act ,
Site Remediation ,
Strategic Planning ,
Toxic Substances Control Act (TSCA)
Few issues in Washington have been as elusive as passage of legislation to address the nation’s aging infrastructure. For a number of years, the White House, Senators and Members of Congress have announced plans to spend...more
Historically, environmental issues have been front and center for major project development throughout the world. But for projects in the United States, the Environmental Protection Agency’s (EPA) increased focus on the...more
8/23/2021
/ Carbon Emissions ,
Clean Water Act ,
Climate Change ,
Environmental Assessments ,
Environmental Impact Statements ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
FERC ,
Methane ,
Permits ,
Pipelines ,
US Army Corps of Engineers
Business and Human Rights: Energy and extractives in a changing landscape of new generation trade agreements protecting and promoting both trade and human rights -
As allegations of genocide, forced labour, or widespread...more
Wave power is a type of hydroelectric power that relies on the capture of energy held by ocean waves. Like wind and solar power, wave power has the potential to be a valuable part of the energy transition.
The potential...more
EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives -
With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more
4/27/2021
/ Biden Administration ,
CERCLA ,
Clean Air Act ,
Clean Energy ,
Clean Water Act ,
Climate Change ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
NEPA ,
OMB ,
PFAS ,
Public Land ,
Regulatory Reform ,
Safe Drinking Water Act ,
Superfund
President Biden's Executive Orders Mobilize the Administrative State to Address Climate Change -
On January 27th, the White House held a “Climate Day” press briefing where President Biden, Special Presidential Envoy for...more
2/3/2021
/ Biden Administration ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Land ,
Keystone XL Pipeline ,
Mineral Leases ,
Moratorium ,
NEPA ,
Oil & Gas ,
Paris Agreement
Renewable-Sourced Products May Require Authorization as "New Chemicals" Under TSCA -
On December 22, 2020, the U.S. Environmental Protection Agency issued a Compliance Advisory under the Toxic Substances Control Act...more
Guidance Provides Roadmap for Companies Seeking Expedited Review of Products Aimed at Combatting SARS CoV-2 -
In August, EPA issued a narrowly tailored approval under the Federal Insecticide, Fungicide, and Rodenticide...more
Climate Change Litigation on the Horizon with Trump Environmental Overhaul -
On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing...more
9/18/2020
/ CEQ ,
CFIUS ,
Climate Change ,
Coronavirus/COVID-19 ,
Debt Restructuring ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
FIRRMA ,
Foreclosure ,
Foreign Investment ,
Gulf Cooperation Council (GCC) ,
Indonesia ,
Infrastructure ,
Joint Venture ,
Middle East ,
NEPA ,
Oil & Gas ,
OPEC ,
Petrochemicals ,
PFAS ,
Pipelines ,
Russia ,
Saudi Arabia ,
Solar Farm ,
Toxic Substances Control Act (TSCA) ,
United Arab Emirates (UAE) ,
Waste-to-Energy ,
Wind Farm
On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing regulations for the National Environmental Policy Act (“NEPA”). 85 Fed. Reg. 43,304...more
7/22/2020
/ Administrative Procedure Act ,
CEQ ,
Climate Change ,
Energy Sector ,
Environmental Litigation ,
Final Rules ,
Infrastructure ,
NEPA ,
Notice of Proposed Rulemaking (NOPR) ,
Oil & Gas ,
Pipelines ,
Solar Farm ,
Wind Farm
Energy Explosion: 10 Trends to Watch in Energy Restructuring -
On April 20, 2020, U.S. benchmark crude traded negative for the first time. This drastic drop in price was caused by the perfect storm of the Saudi...more
5/20/2020
/ Carbon Off-Set Credits ,
Coronavirus/COVID-19 ,
Energy Sector ,
Foreign Investment ,
Mexico ,
Natural Gas ,
Oil & Gas ,
Power Infrastructure ,
Renewable Energy ,
Russia ,
Saudi Arabia ,
Sustainability ,
Testimony
There is widespread agreement that, at least in the short-term, the COVID-19 pandemic will pose significant challenges for the clean energy sector. The research organization Bloomberg NEF cut its 2020 growth projection for...more
On May 1, 2020, President Donald J. Trump signed Executive Order 13920 declaring a national emergency regarding threats posed to the U.S. bulk-power system by electrical equipment supplied by “foreign adversaries.” (BPS EO)...more
5/11/2020
/ Bulk Electric System ,
CFIUS ,
China ,
Department of Energy (DOE) ,
Electricity ,
Energy Sector ,
Executive Orders ,
Foreign Adversaries ,
Foreign Suppliers ,
Huawei ,
Infrastructure ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
NDAA ,
Proposed Rules ,
Russia ,
Telecommunications
Over a hearing that lasted over 10 hours on April 14, 2020, the TRRC listened as oil and gas industry participants and stakeholders provided their input on a motion by Pioneer Resources USA Inc. and Parsley Energy Inc....more
Developing Contingency Plans: The NYDFS Mandate on Licensed Virtual Currency Businesses -
The events surrounding COVID-19 have increased the use of fintech products, both out of necessity and convenience. Shelter-in-place...more
4/17/2020
/ Banking Sector ,
Chief Information Security Officer (CISO) ,
Compliance ,
Confidential Information ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Cybersecurity Framework ,
Data Protection ,
Digital Assets ,
Disclosure Requirements ,
Financial Institutions ,
Financial Services Industry ,
Finetech ,
Information Technology ,
Insurance Industry ,
Notice Requirements ,
NYDFS ,
Payment Systems ,
Personally Identifiable Information ,
Popular ,
Risk Assessment ,
Risk Management ,
Third-Party Service Provider ,
World Health Organization
COVID-19 presents the oil and gas sector with several novel safety considerations.
Drilling rigs and production platforms are self-contained vessels in which workers routinely live and work in close contact...more
4/14/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Training ,
Energy Sector ,
FEMA ,
Incident Response Plans ,
Jones Act ,
Offshore Drilling ,
Oil & Gas ,
OSHA ,
Petroleum ,
Workplace Safety
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