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Inflation Reduction Act
Election 2014: What to Expect from the 114th Congress
Several changes are anticipated in the new Congress, with both chambers set for Republican control. Scott Segal, founding partner of the Policy Resolution Group, discusses a number of these, including: More oversight of key Administration initiatives, notably in energy, the...
Election 2014: Impact of a New Congress on Environmental and Energy Policy
Energy and environmental concerns were major issues in a number of campaigns leading up to the 2014 midterm elections. In this interview, founding PRG partner Scott Segal discusses how Congress and agencies are expected to deal with a wide range...
Texas Railroad Commission Proposes Regulation to Address Earthquake Risks from Disposal Wells
To listen to the podcast, please click here . In the August 29, 2014 issue of the Texas Register (39 Tex. Reg. 6775), the Railroad Commission of Texas proposed several amendments to the regulations governing saltwater and other oil and...
Courts Affirm Limits on Scope of Environmental Review
Ruling on a pipeline project and a mine project, two different federal courts issued decisions Monday affirming limits on the scope of environmental review. The pipeline case was a challenge to Enbridge's Flanagan South pipeline, designed to transport tar sands...
9th Circuit Appeals Court: Clean Air Act Permits Must Address Latest EPA Requirements
On August 12, 2014, the 9th Circuit Court of Appeals overturned a Prevention of Significant Deterioration (PSD) permit issued under the Clean Air Act (CAA) by EPA to the Avenal Power Center. Sierra Club v. EPA, No. 11-73342 (9th Cir...
Supreme Court to Determine Whether Agencies Must Undergo Notice and Comment Prior to Changing an Interpretation
The Supreme Court has agreed to hear a case that could have far-ranging implications for agency proclamations that impact the business community. On Monday, June 16, 2014, the Supreme Court granted certiorari in Nickols v. Mortgage Bankers Assoc. , No...
EPA's NY/NJ EPCRA Sweep Points to Broader Enforcement Effort
Last week's announcement by the US EPA of EPCRA violations at 17 facilities comes as part of the Agency's heightened scrutiny of chemical storage facilities in the aftermath of the West, Texas explosion and the Charleston, West Virginia release into...
EPA Proposes Rule Seeking to Curb GHG Emissions and Dampen U.S. Appetite for Electricity
On June 2, 2014, EPA issued a proposed rule to control carbon dioxide emissions from existing coal-fired power plants. In its public outreach, EPA presents the rule as requiring a 30% reduction in carbon emissions by 2030 from the baseline...
Supreme Court Upholds EPA's Cross State Air Pollution Rule (CSAPR)
To listen to the podcast, please click here . In a 6-2 decision, the United States Supreme Court upheld EPA's justification for the Cross State Air Pollution Rule (CSAPR), breathing life back into the rule that had been vacated by...
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...
Spill Prevention under the Proposed Waters of the United States Rule
We've blogged about the scope of EPA's proposed Waters of the United States rule and whether it provides any additional clarity to the current regulatory scheme. With this post, we'll start to outline some direct potential impacts on different segments...
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...
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...
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...
First Texas GHG Permit Upheld by EPA's Environmental Appeals Board
To listen to the podcast, please click here . On March 14, 2014, the Environmental Appeals Board (EAB) within EPA issued an order denying review of the first petition for review of a Texas greenhouse gas (GHG) prevention of significant...