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Inflation Reduction Act
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...
Vanessa Allen Sutherland Stepping Down as Chair of U.S. Chemical Safety and Hazard Investigation Board
Vanessa Allen Sutherland just announced that she is resigning from the U.S. Chemical Safety and Hazard Investigation Board (CSB). President Barack Obama nominated Sutherland to be Chairperson, and she was confirmed in August 2015. Ms. Sutherland's resignation will be effective...
DOJ ENRD Memo Blog Series: Enforcement Principle 2: “Enhancing Cooperative Federalism”
On March 12, 2018, Acting Assistant Attorney General for the DOJ’s Environment and Natural Resource Division (“ENRD”), Jeffrey H. Wood, issued a U.S. Department of Justice (“DOJ”) memorandum titled “Enforcement Principles and Priorities” (the “Wood Memorandum”. The Wood Memorandum identified...
DOJ ENRD Memo Blog Series– Enforcement Principle 1: “Adhering to the Impartial Rule of Law”
On March 12, 2018, a U.S. Department of Justice (“DOJ”) memorandum was issued by Jeffrey H. Wood, DOJ’s Acting Assistant Attorney General (“AAG”) for the DOJ’s Environment and Natural Resource Division (“ENRD”) titled “Enforcement Principles and Priorities” (the “Wood Memorandum”)...
White House Encourages Coordination of Infrastructure Permitting Through One Federal Decision Memorandum
On April 9, 2018, the White House announced that twelve federal agencies had signed the One Federal Decision Memorandum (“MOU”), establishing a coordinated and timely process for environmental reviews of major infrastructure projects. The MOU addresses one of President Trump’s...
The Waters of the United States Rule
Sara Burgin provides a breakdown on administrative and judicial developments and speculation related to the future of WOTUS.
FAQ: Reversal of "Once In Always In"
On February 8, 2018, ERM and Bracewell presented a webinar that took a look at the legal and technical issues related to EPA’s January 25th memo reversing the long standing “Once In Always In” policy. With this policy change, facilities...
A View from Washington: Environmental Regulatory Reform and Infrastructure Principles
In the March installment of our Environmental Essentials for In-House Counsel webinar series, Brittany Pemberton and Christine Wyman shared insights to be learned from the Administration’s proposed budget and talked briefly about several recent regulatory reforms, including methane rules affecting...
What to Watch: Five Key Features of the Infrastructure Package
The President has announced more details regarding the new national infrastructure initiative that he referenced during his State of the Union address. The details suggest the Administration is taking a new approach to infrastructure—coupling traditional infrastructure concepts with modern approaches...
Suspension and Debarment: It's Not Just for Government Contractors
Companies facing environmental enforcement actions are at increased risk of being suspended and/or debarred because of a number of environmental statutory debarment mandates, state and local enforcement activities, as well as increased federal agency focus on debarring companies and individuals...
Boost for Renewables Transmission: DOE Transmission Siting Authority Upheld
Over the last several years, Clean Line Energy Partners LLC has been pursuing development of long-haul high-voltage direct current (HVDC) transmission lines, primarily to deliver energy created by wind and other renewables in lower populated areas to high-demand areas of...
BSEE Takes Steps to Relieve Burdensome Requirements for Offshore Operators
On December 29, 2017, the Bureau of Safety and Environmental Enforcement (BSEE) published a proposed rule in the Federal Register, stating its intent to significantly revise provisions of the Oil and Gas Production Safety Systems regulations (30 CFR part 250...