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Inflation Reduction Act
EPA Issues Proposal to Repeal the Clean Power Plan
On October 10, 2017, EPA Administrator Scott Pruitt formally announced that he had signed a proposed rule to repeal the Obama EPA’s controversial Clean Power Plan (CPP). This proposal is the first formal step toward repealing the CPP and the...
The Lobby Shop: Replacing the Clean Power Plan featuring Jeff Holmstead
Josh and Liam discuss the latest developments at the EPA regarding the Obama Administration's Clean Power Plan (CPP) with our Bracewell colleague Jeff Holmstead, former assistant administrator of the EPA for Air and Radiation and current head of Bracewell's Environmental...
New Tactics, Same Result: Local Efforts to Regulate Hydraulic Fracturing Continue to Falter Despite New Approaches to Regulation
Despite numerous attempts in recent years by local governments to regulate oil and gas activities at the municipal level, recent developments in Pennsylvania, Ohio and Colorado signal a continued trend favoring states’ authority to regulate these issues as matters of...
Federal District Court Vacates BLM’s Postponement of the Waste Prevention Rule
On October 4, 2017, the U.S. District Court for the Northern District of California issued a decision vacating the Bureau of Land Management’s (“BLM’s”) June 15, 2017 notice that indefinitely postponed compliance dates for sections of BLM’s Methane and Waste...
DOE Proposes FERC Action to Preserve and Compensate Baseload Generation Resources
Pursuant to its authority under Section 403 of the Department of Energy Organization Act, on September 29, 2017, the Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) directing the Federal Energy Regulatory Commission (“FERC”) to take prompt...
A Call to Focus on Strengthening Grid Resilience and Reliability: DOE Staff Report Offers Timely Insights on Fundamental Market Changes
The U.S. Department of Energy (“DOE”) recently released its highly-anticipated Staff Report to the Secretary on Electricity Markets and Reliability . The report weighs heavily on the themes of focusing on grid resilience and reliability in light of recent fundamental...
Navigating Texas Regulations During Hurricane Harvey: TCEQ Executive Director's Regulatory Guidance and Governor Abbott's Disaster Proclamation Provide Potential Relief
A series of decisions between the Governor's office and the Executive Director of the Texas Commission on Environmental Quality ("TCEQ") has resulted in the suspension of a number of state environmental rules relating to a broad range of areas impacted...
USFWS Postpones Endangered Species Listing Determination for Texas Hornshell Mussel
On August 10, 2017, the United States Fish and Wildlife Service (USFWS or Service) issued a Federal Register notice indicating its intent to delay by six months its determination whether to list the Texas hornshell mussel as an endangered species...
FWS Publishes Notice of Availability of Draft Candidate Conservation Agreements for Activities Affecting the Texas Hornshell Mussel
On July 7, 2017, the U.S. Fish and Wildlife Service (Service) published notice of the filing of applications by the Center of Excellence in Hazardous Material Management (CEHMM) and the New Mexico State Land Office (NMSLO) for two separate enhancement...
DC Circuit Vacates EPA’s Initial Stay of Methane Rule Requirements
On July 3, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision vacating the U.S. Environmental Protection Agency’s (“EPA’s”) initial 90-day stay of parts of the 2016 rule establishing methane emissions standards for the...
EPA Proposes Additional Two-Year Stay of Parts of the Methane Rule
On June 13, 2017, the U.S. Environmental Protection Agency (EPA) issued a pre-publication proposed rule that would grant an additional two-year stay to the effectiveness of certain portions of the 2016 rule establishing methane emissions standards for the oil and...
EPA Announces Reconsideration and Stay of Additional Parts of the Methane Rule
On May 26, 2017, the U.S. Environmental Protection Agency (EPA) issued a pre-publication notice that announced the reconsideration and a three-month stay to the effectiveness of certain portions of the 2016 rule establishing methane emissions standards for the oil and...
Unusual Dynamics Of Upstream Distress - Environmental Law Seminar, Spring 2017
A high-level presentation on financial distress affecting upstream oil and gas companies. The presentation discusses factors that precipitated this distress (such as low commodity prices), the effects of such distress (such as accelerated decommissioning obligations), and highlights key challenges and takeaways of note.
Clean Air Act Residual Risk And Technology Review -Environmental Law Seminar, Spring 2017
This presentation explains EPA’s responsibility to conduct a Risk and Technology Review (RTR) of nearly 100 standards addressing hazardous air pollutants at various categories of stationary sources. It describes the components of the Risk Review and of the Technology...
Environmental Auditing and Audit Disclosure in a New Era
Tim Wilkins discusses what changes in the country’s regulatory direction and approach to enforcement mean for environmental compliance auditing programs and audit disclosure under EPA and State audit policies.