Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law
SCOTUS Clean Air Act Cases: What’s New?
Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
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 U.S. Supreme Court issued a pair of decisions in EPA v. Calumet Shreveport Refining and Oklahoma v. EPA on June 18, 2025, resolving two related circuit splits regarding proper venue for challenging certain U.S....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
Welcome to the Tenth Issue of Currents 2024, our energy e-newsletter. Natural Gas is Not Going Away - While net-zero remains a dream for many, the electricity market is providing a wake-up call for anyone believing...more
In City of Baltimore v. BP, et al., court holds that nuisance and tort claims are preempted by federal law and beyond the limits of state law....more
On July 9, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) declined to stay a new Environmental Protection Agency (“EPA”) rule that seeks to limit methane emissions in the oil...more
On May 14, 2024, the U.S. Environmental Protection Agency (EPA) published the final Greenhouse Gas Reporting Rule requirements for petroleum and natural gas systems under 40 C.F.R. Part 98, Subpart W in the Federal Register....more
A group of 24 Republican AGs and Arizona legislative leaders have filed a motion to stay the EPA’s final rule on Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing...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
Coal production and mining jobs over the past half-century have been influenced by several factors, principally demand from the utility sector, technological breakthroughs in natural gas production, railroad deregulation, and...more
The Situation: The Environmental Protection Agency ("EPA") finalized regulations designed to reduce methane emissions from the oil and gas industry by 80% in coming years at both new and existing facilities. The regulations...more
On December 2, 2022, the Pennsylvania Department of Environmental Protection (“DEP”) announced that its recent emergency rulemaking limiting volatile organic compound (“VOC”) emissions from conventional oil and gas sources...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
The recently enacted Inflation Reduction Act (IRA) contains several new provisions related to methane emissions impacting oil and gas companies, including upstream and midstream. Companies who already report emissions to the...more
On November 2, 2021, the U.S. Environmental Protection Agency (“EPA”) issued a proposed rule that is intended to significantly reduce emissions of greenhouse gases (“GHGs”) and other air pollutants from the crude oil and...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
In the upcoming weeks, the Environmental Protection Agency (“EPA”) is expected to release a proposed rule that would greatly expand methane regulations for the oil and gas sector. While EPA has previously issued regulations...more
On April 29, 2021, the Senate passed a resolution (the “Resolution”) to disapprove a rule adopted by the Trump administration which lifted certain requirements that had been put in place by an Obama-era methane rule, also...more
Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more
The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a September 2nd Order a Petition filed by MPLX challenging a permit condition that the federal agency placed in a...more
Big Oil repeatedly remanded to state courts - will SCOTUS come to the rescue? "Oil companies facing suits by state and local governments that want them to bear a share of the cost of responding to the consequences of...more
In a split decision issued on January 16, the Washington State Supreme Court ruled that the Department of Ecology (Ecology) lacks authority under the state’s Clean Air Act (the act) to cap greenhouse gas emissions from...more
The U.S. Environmental Protection Agency ("EPA") has proposed rulemaking revisions to the regulation of methane and volatile organic compounds ("VOCs"). The proposed rulemaking was published in the Federal Register on...more
A proposed rule by the US Environmental Protection Agency (EPA) could reduce costs for oil and gas producers and processors by eliminating certain air emission requirements. The EPA issued a proposed rule on August 29 to roll...more