Inflation Reduction Act
Texas Greenhouse Gas Regulations Go Into Effect
On April 17, the Texas Commission on Environmental Quality's new greenhouse gas (GHG) regulations became effective, establishing the framework for a new GHG permitting program at TCEQ, which the agency hopes to begin implementing in the summer of 2014. Before...
Proposed "Waters of the U.S." Rule: Can Significant Nexus Be Clarified?
On March 31 , we discussed that, at best, EPA's and the Corps' proposed rule defining what waters fall under federal jurisdiction provides only partial clarity. The agencies have done little to clarify the circumstances in which there is no...
Texas One Step Closer to Obtaining Authority to Issue GHG Air Permits
As anticipated, on March 26, 2014, the Texas Commission on Environmental Quality (TCEQ) adopted rules to implement House Bill 788, which required the Commission to establish greenhouse gas (GHG) emissions rules. The new rules will become effective on April 17...
Proposed "Waters of the U.S." Rule Improves Regulatory Clarity - In Part
On March 28, we looked at the question of whether the rule proposed by the U.S. EPA and Army Corps of Engineers redefining their Clean Water Act jurisdiction was just a restatement of the current law. Today we will look...
Oklahoma Enters the Fray of Endangered Species Sue-and-Settle
On March 17, 2014, the State of Oklahoma sued the U.S. Department of the Interior, taking aim at the U.S. Fish and Wildlife Service's habit of settling large Endangered Species Act cases with Environmental Non-Governmental Organizations. The lawsuit signals an...
Could You Be A Commodity Trading Advisor or Commodity Pool Operator and Not Know It?
As the Commodity Futures Trading Commission's ("CFTC") Division of Swap Dealer and Intermediary Oversight recently reminded market participants in a Staff Advisory , entities that meet the definition of a commodity trading advisor ("CTA") are subject to various regulatory requirements...
EPA Proposes TCEQ Take Over GHG Permitting in Texas
On Tuesday, February 4, 2014, EPA issued a pre-publication copy of a proposed rule that if adopted would transfer greenhouse gas (GHG) permitting in Texas from EPA Region 6 to the Texas Commission on Environmental Quality (TCEQ). The proposed rule...
EPA Issues NPDES Permit that Includes Limited Chemical Disclosure Requirements for Oil and Gas Operations Offshore California
Region 9 of the U.S. Environmental Protection Agency yesterday made available the finalized National Pollutant Discharge Elimination System (NPDES) general permit applicable to discharges from oil and gas exploration facilities offshore Southern California. NPDES General Permit No. CAG280000 (2014 NPDES...
Barclays Motion to Dismiss Raises Significant Issues About FERC Jurisdiction
After an investigation of actions in the western electricity markets by Barclays Bank PLC ("Barclays"), Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith (collectively, the "Traders" and together with Barclays, "Defendants"), the Federal Energy Regulatory Commission ("FERC") issued an...
EPA adopts new standard for conducting All Appropriate Inquiries
In a rule published on December 30, 2013 and effective immediately upon publication, EPA formally adopts a new standard for conducting All Appropriate Inquiries (AAI) at potentially contaminated sites. 78 Fed. Reg. 79319. The AAI rule outlines steps for potential...
EPA Releases Testing, Reporting and Compliance Deadlines for Oil and Gas Storage Tanks
Yesterday, the United States Environmental Protection Agency (EPA) published in the Federal Register final amendments to sections of its 2012 New Source Performance Standard OOOO (NSPS OOOO) applicable to storage vessels used in the production, processing, transmission and storage of...
Coast Guard Looks to Expand Safety and Environmental Management Systems to Vessels on the OCS
On September 10, 2013, the U.S. Coast Guard published an Advance Notice of Proposed Rulemaking (APNRM) in the Federal Register stating its intent to propose regulations that will require vessels engaged in exploration, development or production activities on the Outer...
SEC Fraud Charges Against School District Demonstrate Increased Focus on Disclosure Compliance by Municipal Issuers
On July 29, 2013, the Securities and Exchange Commission announced that it had charged an Indiana school district and its underwriter with securities fraud for falsely stating in a 2007 offering document that the issuer was in compliance with its...
CFTC Exercises Disruptive Trading Authority for the First Time
By order dated July 22, 2013, the Commodity Futures Trading Commission ("CFTC" or "Commission") settled charges against Panther Energy Trading LLC and its principal Michael Coscia for engaging in the disruptive trading practice known as "spoofing." The CFTC charged that...
Experts: Bankruptcy May Give Detroit Chance to Start Fresh
[video] Detroit, once the prosperous home of the U.S. auto industry, has gone bankrupt. It is the largest city in U.S. history to seek protection from creditors while it negotiates a plan to reorganize. Detroit's troubles reflect the loss of...