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
The U.S. Environmental Protection Agency (“EPA”) has announced its newest target for Clean Air Act enforcement: metal recycling facilities. In an enforcement alert issued in July 2021, EPA states that it has identified...more
For the second time in as many weeks, the acting head of the EPA’s enforcement office has issued a memorandum (the “Memorandum”) outlining additional actions to advance the EPA’s environmental justice (“EJ”) goals...more
On June 30, 2021, President Biden signed into law a joint resolution of Congress repealing a Trump administration rule that removed methane as a pollutant regulated under the Clean Air Act in the oil and gas industry...more
The acting head of the EPA’s enforcement office issued a memorandum on June 21, 2021 (the “Memorandum”), that outlines actions to advance the EPA’s environmental justice (“EJ”) goals in criminal enforcement matters....more
On May 19, 2021, the U.S. Environmental Protection Agency (“EPA”) issued a final Clean Air Act Outer Continental Shelf air permit to Vineyard Wind 1, LLC (“Vineyard Wind”), thereby clearing a major permitting hurdle in...more
With its “all of the above” approach to reducing greenhouse gases, the Biden administration will undoubtedly increase the tempo of EPA enforcement in the upstream and midstream sectors.
This Energy Series discussion is...more
6/4/2021
/ Biden Administration ,
Continuing Legal Education ,
Energy Sector ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Midstream Contracts ,
Oil & Gas ,
Upstream Contracts ,
Webinars
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 30, 2021, the Office of Enforcement and Compliance Assurance (“OECA”) of Environmental Protection Agency (“EPA”) issued new internal guidance (the “Memorandum”) outlining actions intended to strengthen enforcement...more
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)
On February 5, 2021, the acting head of the U.S. Department of Justice (“DOJ”) division that brings environmental enforcement cases issued a memo revoking nine policy directives from the prior administration, including...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
The Obama administration’s Clean Power Plan (“CPP”) — an unprecedented use of the Clean Air Act to regulate greenhouse gas (“GHG”) emissions from power plants — is only “mostly dead” and could soon spring back to life. Yes,...more
On January 27, 2021, President Biden released an “Executive Order on Tackling the Climate Crisis at Home and Abroad.” Among a host of sweeping proclamations and orders involving foreign and domestic policy on climate change,...more
On January 13, 2021, the Environmental Protection Agency (“the EPA”) announced its enforcement results for fiscal year (“FY”) 2020. The results show that the EPA had a steady year for civil enforcement resolutions and opened...more
While news stories and campaign rhetoric can frequently create expectations of immediate shifts after a change in administration, most changes happen slowly in the federal government, and constraints on resources means that...more
1/28/2021
/ Biden Administration ,
CERCLA ,
Chemicals ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
PFAS ,
PHMSA ,
Risk Management ,
Trump Administration ,
Volatile Organic Compounds (VOC) ,
Wastewater
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
Each new presidential administration brings with it its own set of policy goals and priorities. While the text of the environmental laws does not change without an act of Congress, agencies within the executive branch have a...more
The Biden administration identified environmental justice (“EJ”) as a campaign priority1 and the Biden-Harris team has continually emphasized its commitment to environmental justice, stating that the administration would...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
As discussed in this previous post, 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 some of...more
On March 26, 2020, as government officials issued a slew of stay-at-home orders, the U.S. Environmental Protection Agency (EPA) published an emergency policy memorandum describing how the agency would exercise its enforcement...more
On June 29, 2020, the EPA issued an Addendum to its March 2020 COVID-19 Temporary Enforcement Policy (“Policy”) announcing that the Policy will terminate in its entirety on August 31, 2020. The Addendum also indicates that,...more
As companies navigate the unprecedented effects on business operations and supply chains caused by the COVID-19 pandemic, complying with local, state, and federal environmental laws and regulations has presented new...more
6/5/2020
/ Business Operations ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Guidance ,
Environmental Liability ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NGOs ,
Risk Mitigation ,
State Agencies ,
Webinars
On May 19, 2020, the Environmental Protection Agency (“EPA”) released a proposed rulemaking that would codify the EPA’s practice under the Trump administration’s Executive Order 13891 “Promoting the Rule of Law Through...more