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State and Industry Leaders Highlight Clout and Environmental Stewardship at Virtual Texas Energy Day

During the 2021 Texas Energy Day, hosted by Todd Staples of the Texas Oil and Gas Association at the Texas state capitol, event speakers aimed to strengthen support for the oil and gas industry and impart a message of...more

Interior Department to Hold Forum on March 25, to Discuss Future of Federal Oil and Gas Program

On March 8, the DOI announced its plans to hold a virtual forum on Thursday, March 25, to discuss the federal oil and gas leasing and permitting program. The forum is the latest step in DOI’s ongoing review following...more

Regan Rejoins EPA: A “Who’s Who” Guide to the Key Officials Who Will Shape the Agency

Key Points - On Wednesday, March 10, 2021, the U.S. Senate confirmed Michael Regan as the next EPA Administrator. - Although Regan and most of the Biden-Harris administration’s other high-level EPA officials have fairly...more

Biden Interagency Working Group Raises Social Cost of Greenhouse Gases; Further Increases on the Horizon

The Biden administration’s Interagency Working Group on the Social Cost of Greenhouse Gases (the “Working Group”) took its first step to update the costs to society from carbon dioxide, methane and nitrous oxide pollution....more

As the SEC Gears Up for Mandatory Climate Disclosure, So Does California

Many investors and other stakeholders have long sought universal requirements for public companies to disclose the social and climate impacts of their operations. If recent developments at the United States Securities and...more

SEC Set the Stage for Potential ESG Reporting Requirements

On February 24, 2021, Acting Securities and Exchange Commission (SEC) Chair Allison Herren Lee issued a statement directing the Division of Corporation Finance to “enhance its focus on climate-related disclosure in public...more

House Democrats Unveil Sweeping Climate Legislation to Transform Country’s Energy Mix

On Tuesday, March 2, Democrats on the House Energy and Commerce (E&C) Committee introduced a sweeping climate proposal—the Climate Leadership and Environmental Action for our Nation’s (CLEAN) Future Act—an amended version of...more

Tearing Down Trump’s Environmental Wall: Justice Department Ditches Impediments to Effective Enforcement

Late last week, the Justice Department withdrew nine Trump-era policy and guidance documents that shaped how the Department’s Environment and Natural Resources Division (ENRD) enforced environmental law during the past...more

A Bridge Over the Rising Seas: Biden’s “Climate Day” Order Promises Green Infrastructure

A number of President Biden’s early climate and environmental policies direct federal funding, research and procurement decisions toward infrastructure. In this installment of our series on President Biden’s “Climate Day”...more

There’s a New ESG Sheriff in Town at the SEC

Yesterday, we wrote about the potential impact of the nomination of so-called “Money Cop” Gary Gensler to chair the U.S. Securities and Exchange Commission (SEC). Well, now it appears that Gensler will have a new sheriff on...more

Biden’s Science and Environmental Justice Orders Foretell a New Era of Rulemaking and Enforcement That Go Beyond Climate

Last week’s “Climate Day” actions grabbed headlines primarily for how they respond to climate risk through increased federal coordination. Equally important may be the actions the Biden administration took that day to combat...more

Biden’s “Money Cop” to Shine a Light on ESG Disclosure as SEC Requirements—and a Potential Universal Reporting Framework—Appear...

Key Points - Mandatory ESG requirements could be an early priority for SEC chair nominee Gary Gensler, with increasing calls from within the SEC to require material ESG risk disclosures. - The EU recently implemented...more

Biden Vows to Marry Climate, Jobs on “Climate Day”

As we previewed yesterday morning, January 27 was the Biden administration’s “Climate Day.” Yesterday’s actions—two executive orders and a presidential memorandum—provided further detail on the President’s roadmap for...more

Less Frost, and More Cost: Biden Revives Interagency Working Group to Publish Updated Social Costs of Carbon and Other Greenhouse...

Key Points - President Biden’s Day One Executive Order on climate action reconvenes an interagency working group to establish interim and final social costs of three GHGs: carbon dioxide, nitrous oxide and methane. -...more

Biden’s First Climate Actions Drill Down on Oil and Gas Leasing in the Arctic, and Beyond

Key Points - The Biden administration’s Day One climate actions have put traditional energy sources squarely in its crosshairs. In addition to rejoining the Paris Agreement, the administration paused the issuance of oil...more

U.S. Reinserts Itself on Global Climate Stage, Rejoining Paris Agreement on Day One

Key Points - President Biden signed an Executive Order to rejoin the Paris Agreement on Day One of his administration. - This action underscores that climate change is one of President Biden’s highest priorities and...more

What a Unified Democratic Government Means for Climate Change Action

With Democrats now in control of both houses of Congress, environmental and climate change issues will play a more prominent role in legislative deliberations in the United States over the next two years, and beyond. The...more

“Not a Scientist,” Just a (Likely) Supreme Court Justice: What Amy Coney Barrett’s Nomination Might Portend for Climate Change and...

Thursday’s Senate Judiciary Committee vote to advance to the full Senate the Supreme Court confirmation of Judge Amy Coney Barrett portends an arduous future for both legislative and regulatory efforts to address climate...more

Closure: EPA Finalizes Long-awaited CCR Rule Revisions and Surface Impoundment Deadlines

Following years of litigation and a segmented rulemaking process, the U.S. Environmental Protection Agency (EPA) finalized revisions to portions of its coal combustion residuals (CCR) regulations governing, among other...more

House Democrats Unveil Proposal to Frame Climate Legislation in 2021

- Democrats in the House Select Committee on the Climate Crisis have released a Climate Crisis Action Plan that aims to achieve net-zero emissions throughout the United States by 2050 and “net-negative” emissions by 2100,...more

EPA May Again Update Enforcement and Cleanup Policies in Light of New COVID-19 Executive Order

President Trump issued an Executive Order on Regulatory Relief to Support Economic Recovery on May 19. Generally, the Order directs federal agencies to respond to the COVID-19 crisis by “rescinding, modifying, waiving, or...more

Supreme Court Rejects EPA’s Watered-down View of Jurisdiction over Groundwater Discharges

The U.S. Supreme Court clarified that the scope of federal protection under the Clean Water Act includes any “functional equivalent” of a direct discharge to navigable waters from a point source. The Court’s decision is the...more

EPA Stepping Off the Gas at Cleanup Sites in Response to COVID-19

On April 10, 2020, the U.S. Environmental Protection Agency’s (EPA or the Agency) Office of Land and Emergency Management and Office of Enforcement and Compliance Assurance issued Interim Guidance to EPA’s Regional Offices...more

The Phase I Environmental Site Assessment: Unexpected COVID-19 Victim?

- The COVID-19 crisis has left consultants, lenders, servicers, investors and other users struggling to assess environmental conditions of assets as they question the ability to conduct, and the utility of, phase I...more

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