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Inflation Reduction Act
Compliance with a Few of EPA’s New RMP Program Changes Is Required Starting in May 2024
On March 11, 2024, EPA’s “Safer Communities by Chemical Accident Prevention Rule” (the SCCAP Rule) was published in the Federal Register. See 89 Fed. Reg. 17622 (Mar. 11, 2024). The SCCAP Rule makes a number of significant changes to the...
Offshore Wind Litigation: First Circuit Affirms Dismissal of Challenges Against Vineyard Wind
The US Court of Appeals for the First Circuit has affirmed the dismissal of two legal challenges to the Vineyard Wind 1 project (the Project). On April 24 and April 25, 2024, the same panel of First Circuit judges issued...
Breaking Down the Congressional Review Act: A Special CRA Explainer
In a special crossover episode with Bracewell’s Policy Resolution Group (PRG) podcast The Lobby Shop, Daniel Pope and Taylor Stuart sit down with PRG’s Liam Donovan and Joe Brazauskas to do a deep dive on the Congressional Review Act, a...
BOEM Finalizes Long-Awaited Overhaul of Offshore Oil and Gas Financial Assurance Regulations
The Bureau of Ocean Energy Management (BOEM) announced its finalization of a rule substantially revising the financial assurance requirements applicable to offshore oil and gas operations. The final rule revises criteria for determining whether oil, gas, and sulfur lessees, right-of-use...
SEC Climate Disclosure Rule
Kevin Ewing led a tight, focused discussion of what matters in the new SEC climate disclosure rule. He discussed the key points of concern, their practical implications for mandatory and voluntary reporting, the status of rule-blocking litigation, and next steps...
Women in Environmental Law: Practical Advice You'll Actually Use
Women have become more prominent and influential in environmental law. What better time to celebrate and recognize women lawyers than during Women’s History Month? On this episode of the Bracewell Environmental Law Monitor, host Taylor Stuart is joined by three...
The SEC’s Final Rules on Climate-Related Disclosures: A Guide for In-House Counsel
The US Securities and Exchange Commission’s recently adopted rules governing climate-related disclosures, although significantly pared back from the rules proposed two years ago, represent a major change to the existing public-company disclosure regime. The rules require that public companies include...
PFAS Regulatory Developments: Cleanup, Disposal, Testing and Reporting Issues
The so-called “forever chemicals” have been very much in the news with frequent reports about landmark litigation and ongoing legislative debates. Just beneath the surface, however, there have been a number of very significant regulatory developments out of EPA and...
Round Three: EPA’s Latest Changes to the RMP Program – Initial Insights on Next Steps
On March 1, 2024, EPA released the pre-publication final rule that makes a number of changes to the federal Risk Management Plan (RMP) program. The changes impact the scope of the Process Hazard Analysis (PHA), add third-party compliance audits and...
Edwards Aquifer Blindcats: A Potentially Endangered Species With Amanda Glen and Ann Navaro
The Edwards Aquifer is the primary source of drinking water for many people in central Texas. The deep caverns of the aquifer are also home to two species of blind catfish. On this episode of the Bracewell Environmental Law Monitor...
A Strategic Approach to Emissions Credits With Anew’s Kyle Breeze
Go generate emissions credits. It’s worth it. On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope and environment, lands and resources partner Whit Swift talk with Kyle Breeze , vice president of Gulf Coast Emissions at Anew...
U.S. Army Corps Permitting: Proposed Revocation of Historic Properties Regulation
The US Army Corps of Engineers (USACE) recently issued a proposed rule (the Proposed Rule) that, if finalized, will change the regulations applicable to the agency’s compliance with the National Historic Preservation Act (NHPA) for purposes of USACE’s Regulatory Program...
Key Developments in Environmental Law and Policy in 2023, and What's Ahead in 2024
On this episode of the Bracewell Environmental Law Monitor, we look back at the significant developments in environmental and natural resources law and policy in 2023, as well as look ahead to what's to come in 2024. Co-hosts Daniel Pope...
Demystifying The Good Neighbor Rule: Summary and Litigation Update
It can be difficult to keep track and make sense of all the activity under the EPA’s Clean Air Act programs and regulations. In this episode of the Bracewell Environmental Law Monitor, co-hosts Daniel Pope and Taylor Stuart talk with...
Chevron Overboard? Loper Bright Enterprises v. Raimondo With Prof. Kristin Hickman
Since the 1980s, Chevron deference has set the standard for when courts should defer to reasonable agency interpretations of ambiguous statutes. That may all change, however, as the US Supreme Court will reconsider the Chevron deference in Loper Bright Enterprises...