Inflation Reduction Act
Best Practices for Agency Communications
Environmental professionals and attorneys are in constant contact with state and federal regulators, in a variety of contexts – regulatory advocacy, permitting, responding to investigations, and enforcement defense. Join representatives of Bracewell’s Environmental Strategies and Policy Resolution Groups for a...
Our Take on Auer – Agency Deference under Scrutiny
Two weeks remain before the Supreme Court hears oral arguments in Kisor v. Wilkie , a likely landmark case for energy and infrastructure companies. When the Supreme Court granted certiorari in December 2018, it took the case specifically to decide...
D.C. Circuit Overturns USACE Permit for Transmission Line
On March 1, 2019, the D.C. Circuit issued its opinion in National Parks Conservation Association v. Semonite, No. 18-5179, finding that the U.S. Army Corps of Engineers (USACE) violated the National Environmental Policy Act (NEPA) and misinterpreted the National Historic...
Environmental Issues & Terms in Common Commercial Contracts
The everyday conduct of business necessitates activities that involve important environmental requirements and risks. And those activities are commonly accompanied by written agreements that attempt to address those requirements and prevent, mitigate, and allocate those risks. Tim Wilkins and Daniel...
Comment Period Open for Proposed WOTUS Rule
The comment floodgates are open for the proposed federal Waters of the United States (“WOTUS”) rule. The rule would re-define the phrase “waters of the United States” which dictates the geographic reach of the Clean Water Act. The Environmental Protection...
OSHA Rescinds Substantial Portion of Injury/Illness Electronic Reporting Requirement
Under pressure from business organizations, OSHA has issued a final rule rescinding the requirement for workplaces with 250 or more employees to electronically submit data from their OSHA 300 and 301 forms to the agency. The two forms required employers...
Engaging Environmental Specialists and Preserving Privileges
The lines between legal, technical, and strategic communications often get blurry in the context of site investigations, incident response, and other environmental projects. Many company personnel equate "cc-ing" in-house counsel with preserving confidentiality. As a result, the parameters of the...
EPA’s Proposed “WOTUS” Rule – Initial Reactions and What’s Next
Today EPA and Army issued a proposed rule defining “waters of the United States” subject to regulation under the Clean Water Act. The proposed rule represents a significant potential change to federal jurisdiction. We’ll discuss the implications of the proposal...
The Rule of Law, Agency Enforcement and the Environment
Over the past two years, officials within President Trump’s administration have invoked the rule of law regarding the administration’s enforcement goals on issues ranging from marijuana production to immigration . Late last month, we saw a glimpse into how the...
Discussion of the Administration’s Fall 2018 Agenda of Regulatory and Deregulatory Actions
Ann Navaro and Ryan Eletto of the Environmental Strategies Group will discuss highlights from the Administration’s Fall 2018 Agenda of Regulatory and Deregulatory Actions. The Agenda is a forecast of federal agencies’ proposed rulemaking actions with the goals of more...
How to Prepare for and Manage an OSHA PSM Inspection
Bob Nichols and Kevin Collins discuss preparations for an OSHA process-safety-management-standard (PSM) inspection. OSHA issued the PSM standard to help ensure the safe management of highly hazardous chemicals. The standard integrates hazard assessment, technology, procedures, and management practices, and PSM...
EPA's New Owner Audit Policy: Making the Most of the Post-Closing Window
In terms of environmental liabilities in mergers and acquisitions, the deal doesn’t end at closing. In fact, one of the most crucial time periods for acquirers is the nine-month window after closing during which they can invoke EPA’s New Owner...
EPA’s ACE Rule with Global Energy Institute CEO Karen Harbert
In a special edition episode of The Lobby Shop, PRG Co-Head Scott Segal takes the reigns with an interview of President and CEO of the U.S. Chamber of Commerce's Global Energy Institute, Karen Harbert, and our Bracewell colleague and former...
CEQ, FERC and the Courts: New Approaches to NEPA?
NEPA is again making major headlines, with more to come. CEQ’s advanced notice of rulemaking has opened the door to potentially significant changes to the venerable NEPA regulations. FERC’s notice seeking comments on revising its Certificate Policy Statement for interstate...
Recent Cases Reshaping the Intersection of Bankruptcy and Environmental Law
Bankruptcy law and environmental law often are in tension with one another. The former seeks to accelerate a debtor’s liabilities into a net present value to determine creditor distributions. The latter encourages parties to manage environmental and decommissioning liabilities over...