The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Last week, the U.S. Court of Appeals for the Fifth Circuit upheld the Texas Commission on Environmental Quality’s (TCEQ) issuance of an amended New Source Review (NSR) air permit to multinational joint-venture Port Arthur...more
The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in an August 12th Decision a challenge to a Clean Air Act Prevention of Significant Deterioration (“PSD”) Permit issued by the Texas...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Merit Energy Company, LLC (“Merit”) entered into a May 15th Consent Administrative Order (“CAO”) addressing an alleged...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Merit Energy Company, LLC (“Merit”) entered into a May 15th Consent Administrative Order (”CAO”) addressing an alleged...more
On May 23, 2025, FERC upheld on rehearing its prior orders authorizing Venture Global CP2 LNG, LLC to build a new liquified natural gas (“LNG”) export terminal (“CP2 LNG Terminal”) and granting Venture Global CP Express, LLC...more
Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality et al. (Tex. Feb. 14, 2025) presented the Texas Supreme Court with a unique opportunity to provide defined guideposts to understand...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Orca Gathering Company, LLC (“Orca”) entered into an August 6th Consent Administrative Order (“CAO”) addressing an alleged...more
The Environmental Protection Agency intends to issue a rule updating its Clean Air Act emission standards for new and existing municipal solid waste (MSW) landfills to cut methane and other harmful landfill gas emissions....more
The Biden administration issued a final rule this Wednesday aimed at curbing methane leaks from oil and gas drilling on federal and tribal lands. Adoption of the rule is its latest action to crack down on emissions of...more
A coalition of 20 Democratic AGs filed a motion to intervene in defense of the EPA’s Oil and Gas Methane Rule in a lawsuit filed by 25 Republican AGs who challenge the rule. In their motion, the Democratic AGs assert that the...more
On March 6, 2024, the United States Environmental Protection Agency (EPA) published in the Federal Register its long-awaited reconsideration of the National Ambient Air Quality Standard (NAAQS) for particulate matter (PM). In...more
The U.S. Environmental Protection Agency (EPA) said on Thursday that it is delaying planned rules to curb emissions from existing natural gas plants. The agency said it is still on track to finalize rules for coal-fired power...more
On February 29, 2024, the US Environmental Protection Agency (EPA) announced a significant delay in the implementation of its proposed carbon rule for existing natural gas power plants. This decision has drawn criticism from...more
The Environmental Protection Agency (EPA) intends to require power plants and other stationary sources in five additional states to comply with the Good Neighbor Plan to ensure that these states do not unlawfully contribute...more
The Environmental Protection Agency, under the Clean Air Act, requires states to work with the EPA to address the interstate transport of air pollution. Under the “Good Neighbor Plan,” the EPA requires each state to implement...more
The U.S. Environmental Protection Agency (EPA) announced its final rule on Dec. 2, 2023, to sharply reduce emissions of methane and other air pollution from oil and natural gas operations. The final action, which is more than...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Paragould Light Water & Cable (“Paragould”) entered into an April 11th Consent Administrative Order (“CAO”) addressing an alleged...more
The Tennessee Air Pollution Control Board issued a May 5th Technical Secretary Order and Assessment of Civil Penalty (“Proposed Order”) to BAE Systems Ordinance Systems, Inc. (“BAE”) for an alleged violation of an air permit....more
As Seth Jaffe posted last week, the 9th Circuit recently struck down the City of Berkeley’s first-in-the-nation electrification ordinance that prohibited the installation of gas infrastructure in new buildings, finding the...more
The United States Environmental Protection Agency (“EPA”) announced a Supplemental Notice of Proposed Rulemaking to update, strengthen, and expand the standards proposed on November 15, 2021, which require reduced emissions...more
Harvest Four Corners, LLC, (“Harvest”) submitted a Petition for Review (“Petition”) on October 11th before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”). The Petition...more
The Inflation Reduction Act (“IRA”) includes a variety of incentives, including tax credits and grants, for US industries to reduce greenhouse gas (“GHG”) emissions. The IRA also includes a significant “disincentive” for...more
The Louisiana Department of Environmental Quality (“LDEQ”) and Gulf South Pipeline Company, LP (“Gulf South”) entered into a Settlement to address alleged air permit violations. See Settlement Tracking No. SA-AE-21-0032....more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Flying Pig Pipeline, L.P. – Hot Link Compressor Station (“Flying Pig”) entered into an October 4th Consent Administrative Order...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