Climate Change Litigation on the Horizon with Trump Environmental Overhaul -
On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing...more
9/18/2020
/ CEQ ,
CFIUS ,
Climate Change ,
Coronavirus/COVID-19 ,
Debt Restructuring ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
FIRRMA ,
Foreclosure ,
Foreign Investment ,
Gulf Cooperation Council (GCC) ,
Indonesia ,
Infrastructure ,
Joint Venture ,
Middle East ,
NEPA ,
Oil & Gas ,
OPEC ,
Petrochemicals ,
PFAS ,
Pipelines ,
Russia ,
Saudi Arabia ,
Solar Farm ,
Toxic Substances Control Act (TSCA) ,
United Arab Emirates (UAE) ,
Waste-to-Energy ,
Wind Farm
It’s hard to find a relevant regulatory agency in the United States that isn’t regulating per- and poly-fluorinated alkyl substances (PFAS). EPA describes PFAS presence in the environment as “one of the most pressing issues...more
9/17/2020
/ Contamination ,
Department of Defense (DOD) ,
Department of Environmental Protection ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Maryland ,
New Jersey ,
New York ,
Petrochemicals ,
PFAS ,
Refineries
The 2016 amendments to the Toxic Substances Control Act (TSCA) directed the United States Environmental Protection Agency (EPA) to evaluate the risk associated with existing chemical substances in U.S. commerce and...more
In the 2016 amendments to the Toxic Substances Control Act (TSCA), Congress directed EPA to evaluate the risk of all chemicals in U.S. commerce. The amendments also set specific deadlines for the initial sets of evaluations,...more
Q: As I reopen my business, has COVID-19 impacted my business’s environmental, health and safety responsibilities?
A: Yes, COVID-19 has had a significant impact on companies’ environmental, health and safety obligations,...more
6/16/2020
/ Air Quality Standards ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Environmental Protection Agency (EPA) ,
Environmental Site Assessment ,
Hazardous Waste ,
Health and Safety ,
OSHA ,
Personal Protective Equipment ,
Social Distancing ,
Virus Testing ,
Workplace Safety
U.S. Government’s Continued Focus on Large Ship Air Emissions -
The U.S. Environmental Protection Agency (“EPA”) and the U.S. Coast Guard (“USCG”) continue to signal interest in addressing air pollution from large ships...more
2/14/2020
/ Air Pollution ,
Air Quality Standards ,
Carbon Emissions ,
Energy Sector ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Midstream Contracts ,
NEPA ,
Oil & Gas ,
Tax Credits ,
Transportation Industry ,
Vessels
Agency consideration of climate change curtailed in update to decades-old policy -
On January 9, 2020, President Trump’s Council on Environmental Quality (“CEQ”) proposed to “update” the nearly forty-year-old regulations...more
1/16/2020
/ CEQ ,
Climate Change ,
Comment Period ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Environmental Review ,
Greenhouse Gas Emissions ,
NEPA ,
Public Comment ,
Regulatory Reform ,
Rulemaking Process
Rekindling the Flame: Oil & Gas Securitizations -
A number of recent structurings of investment-grade rated securitizations of oil and gas wells are sparking conversations in the U.S. upstream oil and gas industry about...more
12/20/2019
/ Arbitration ,
Climate Change ,
Energy Sector ,
Green Buildings ,
International Chamber of Commerce (ICC) ,
Liquid Natural Gas ,
Offshore Drilling ,
Oil & Gas ,
PFAS ,
Securitization ,
Service Contracts ,
Structured Finance
The newly-released movie Dark Waters, starring A-list actors Mark Ruffalo and Anne Hathaway, has increased public attention on a group of emerging chemicals called Per- and Polyfluoroalkyl substances (“PFAS”). This increased...more
11/26/2019
/ Clean Water Act ,
Dark Waters ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Legislative Agendas ,
Multidistrict Litigation ,
PFAS ,
State Legislatures ,
Toxic Chemicals
After California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to Proposition 65’s regulations governing the calculation of safe harbor levels for reproductive toxicants in consumer products,...more
The U.S. Environmental Protection Agency (“EPA”) recently issued new regulations for managing pharmaceutical waste under the Resource Conservation and Recovery Act (“RCRA”). The rules specify new requirements for hazardous...more
2/20/2019
/ Environmental Protection Agency (EPA) ,
FDA Approval ,
Hazardous Waste ,
Healthcare Facilities ,
Hospitals ,
New Regulations ,
New Rules ,
Pharmaceutical Industry ,
Prescription Drugs ,
RCRA ,
Small Generators ,
Solid Waste ,
Waste Management
On February 14, 2019, the United States Environmental Protection Agency (“EPA”) published its long-awaited “action plan” intended to address potential risks posed by Per- and Polyfluoroalkyl substances (“PFAS”).
PFAS are a...more
2/15/2019
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
National Action Plan ,
Public Health ,
Regulatory Agenda ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Water Supplies
Court Faults FERC in its Handling of ANR Storage Company’s Six Year Quest for Authorization to Charge Market-Based Rates for Natural Gas Storage Services -
On September 21, 2018, the U.S. Court of Appeals for the District...more
On August 30, 2018, significant updates to California’s Proposition 65 regulations went in to effect, potentially impacting all businesses that operate in California including, but not limited to, those that sell products in...more
On July 25, 2018, the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the National Oceanic and Atmospheric Administration (the “Services”) published three proposed rules to reform...more
The New Midstream Transactions -
A recent trend in the upstream and midstream oil and gas industry is for midstream services providers to offer certain forms of additional compensation to oil and gas lessees / operators...more
On June 20, 2018, the Council on Environmental Quality (“CEQ”) announced that it is considering updates to its implementing regulations under the National Environmental Policy Act (“NEPA”). CEQ is responsible for issuing...more
Courts Hold Clean Water Act Regulates Discharges through Groundwater, as Congress and Regulators Consider Responses -
The Ninth Circuit and Fourth Circuit have joined a growing number of lower courts finding that the...more
5/14/2018
/ Clean Water Act ,
Energy Sector ,
Greenhouse Gas Emissions ,
Groundwater ,
Infrastructure ,
Insurance Industry ,
Liens ,
Mexico ,
Oil & Gas ,
Oil Wells ,
Private Funds
Two years is the goal for completion of NEPA review -
On April 9, 2018, the White House released a Memorandum of Understanding (“MOU”) between twelve federal agencies that is intended to increase the speed and reliability...more
When businesses are faced with the staggering effects of natural disasters such as Hurricane Harvey, they usually rise to the occasion, doing all they can to remediate those effects and provide needed goods and services. In...more
On January 23, 2017, the Pipeline and Hazardous Material Safety Administration (“PHMSA”) issued several revisions to its pipeline safety regulations, focusing in particular on reporting requirements for incident response....more
On January 6, 2017, the U.S. Army Corps of Engineers (USACE) reissued 52 nationwide permits (NWPs) and issued two new NWPs, along with general conditions and definitions. NWPs are a type of general permit authorized under...more
LNG in Europe 2016/2017: An Overview of LNG Import Terminals in Europe -
The increase in the supply of LNG to Europe in 2015 and the first half of 2016 was led by the UK and Italy, with other significant increases in...more
1/20/2017
/ Centers for Medicare & Medicaid Services (CMS) ,
Cybersecurity ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
EU ,
Incident Response Plans ,
Liability Insurance ,
Limitation of Liability Clause ,
Liquid Natural Gas ,
Maritime Transport ,
Mining ,
Natural Gas ,
Oil & Gas ,
PHMSA
The Pipeline and Hazardous Material Safety Administration (PHMSA) recently revised submission requirements for incident reporting by operators of gas and hazardous liquid pipelines. While the December 27, 2016 notice appears...more
The United States Environmental Protection Agency (EPA) has published its proposed rule for the prioritization of existing chemicals for the risk evaluation mandated under the Frank R. Lautenberg Chemical Safety for the 21st...more