On August 14, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) released a redacted copy of its opinion in Sinclair Wyoming Refining Co. LLC v. EPA, in which the D.C. Circuit...more
In a unanimous opinion, a panel of judges from the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) vacated four key aspects from a 2022 rulemaking by the Pipeline and Hazardous...more
The U.S. Environmental Protection Agency (EPA) has issued a final rule (the “Rule”) that substantially expands its Risk Management Program (“RMP”) regulations aimed at preventing chemical accidents. The Rule takes effect on...more
New and additional bonding requirements for certain companies operating on the Outer Continental Shelf (“OCS”) will take effect in June as a result of a recent rulemaking. These new requirements will be phased in over a...more
The Environmental Protection Agency (EPA) has published a proposed rule to assess and collect billions of dollars in methane “waste emission charges” from the oil and gas sector....more
The Biden administration has proposed changes regarding when oil, gas, and sulfur lessees and certain other parties operating in the offshore Outer Continental Shelf must post additional bonds or other “supplemental financial...more
The U.S. Environmental Protection Agency (“EPA” or “the Agency”) this week released its final Renewable Fuel Standard (“RFS”) “Set Rule”.1 As explained in our prior article, the Set Rule represents a new period for the RFS,...more
In an ambitious step toward New York state’s climate goals, the New York State Climate Action Council approved a Scoping Plan on December 19, 2022, which sets forth a series of recommended policies and actions. The 445-page...more
1/11/2023
/ Carbon Capture and Sequestration ,
Clean Tech ,
Climate Action Plan ,
Greenhouse Gas Emissions ,
Investment Opportunities ,
Low Carbon Fuel Standard ,
New York ,
Popular ,
Power Grid ,
Recycling ,
Renewable Energy ,
Waste Management ,
Zero-Emission Vehicles
As a result of ongoing discussions, the European Parliament and the Council of the European Union announced on December 13, 2022, that a provisional agreement had been reached to implement a European Union (“EU”) Carbon...more
Long awaited, the U.S. Environmental Protection Agency (“EPA”) last week released the proposed Renewable Fuel Standard (“RFS”) “set” rule. The set rule represents a new era for EPA in setting biofuel targets, as the targets...more
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) recently released the final rule in a rulemaking trilogy collectively known as the “Mega Rule” — a set of regulations designed to improve pipeline safety by...more
The Environmental Protection Agency (“EPA”) has recently finalized volumes for compliance years 2020, 2021, and 2022 under the Clean Air Act (“CAA”)’s renewable fuel standard (“RFS”) program and took several other related...more
Should hazardous liquids pipelines be prepared to operate “manually” in the event of a future cyberattack? An almost million dollar fine proposed by the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) on...more
What You Need to Know-
EPA has just released a proposed rule that would require facilities near “navigable water” that store listed hazardous substances above a threshold amount to prepare facility response plans for...more
On July 20, 2021, the Department of Homeland Security’s Transportation Security Administration (“TSA”) announced the issuance of a second Security Directive regarding further enhancements to pipeline cybersecurity (the “July...more
In June 2021, the United States (“U.S.”) became the chair of the Biofuture Platform Initiative, an initiative of the Clean Energy Ministerial (the “Biofuture Platform”) for a two-year term, taking over the chair position from...more
In its June 25, 2021 decision in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, the Supreme Court rejected the central holding of a January 2020 decision by the U.S. Court of Appeals for the Tenth...more
Washington recently joined California, Oregon, and British Columbia in adopting a clean fuels standard that mandates reductions in greenhouse gas (“GHG”) emissions attributable to transportation fuels. In the final days...more
On May 27, 2021, against the backdrop of the Colonial Pipeline cybersecurity incident, the Department of Homeland Security’s Transportation Security Administration (“TSA”) announced Security Directive Pipeline-2021-01...more
6/1/2021
/ Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Homeland Security (DHS) ,
National Security ,
Pipelines ,
Popular ,
Ransomware ,
Risk Assessment ,
TSA
Beginning in 2023, sellers and owners of fossil fuels for use in transportation markets in three states and the District of Columbia may need to purchase allowances for sales in those jurisdictions based on a recent agreement...more
Congress recently passed legislation with a reauthorization of the pipeline safety programs through 2023 as a part of the Consolidated Appropriations Act. The Protecting Our Infrastructure of Pipelines and Enhancing Safety...more
2/2/2021
/ Consolidated Appropriations Act (CAA) ,
Emergency Response ,
FERC ,
Gas Leaks ,
Liquid Natural Gas ,
Methane ,
PHMSA ,
Pipelines ,
PIPES Act ,
Trump Administration ,
Whistleblower Protection Policies
On January 27, 2021, President Biden issued an executive order — effective immediately — directing the Secretary of the Interior to pause new oil and natural gas leases on federal public lands or offshore waters to the extent...more
1/28/2021
/ Biden Administration ,
BOEM ,
Bureau of Land Management ,
Department of Energy (DOE) ,
Executive Orders ,
Federal Leasing Regulations ,
Mineral Leases ,
Oil & Gas ,
Outer Continental Shelf ,
Outer Continental Shelf Lands Act ,
Secretary of the Interior ,
Tribal Lands
On August 26, 2020, the U.S. Securities and Exchange Commission (“SEC”) issued a final rule amending Regulation S-K that, among other things, changes a long-standing test obligating registrants to disclose certain...more