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Key Recent Developments In Environmental Justice Litigation

Louisiana remains at the forefront of environmental justice activity. In just four days from January 19 to January 23, 2024, two courts in Louisiana offered interpretations to environmental justice efforts in the State of...more

EPA Addresses Environmental Justice and Civil Rights in Permitting

The EPA’s External Rights Compliance Office recently released Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (“the FAQ”). Stressing “that it is time to use the full extent of its...more

Environmental, Social & Governance (ESG)

Pressures from investors and other stakeholders, the wide range of ESG interests and issues, and the fluid nature of ESG can be overwhelming. The proposed rule serves as a reminder that companies should not overlook...more

NOAA Interactive Tool Features Community-Level Natural Disaster Risk Mapping

The National Oceanic and Atmospheric Administration (“NOAA”) recently released an update to its Disaster and Risk Mapping Tool that now allows users to assess natural disaster risks at the community level. NOAA’s...more

EPA's Reconsideration of Ethylene Oxide Under the Clean Air Act - A Sign of Future Chemicals Policy to Come?

On January 25, 2022, the U.S. Environmental Protection Agency (“EPA”) reaffirmed its interpretation of ethylene oxide (“EtO”) requirements which may signal EPA’s increased scrutiny of chemical emissions generally and the...more

Major TCEQ Rulemaking Impacts Industrial Companies in Texas

On November 23, 2021, Texas Commission on Environmental Quality (TCEQ) Director of the Office of Compliance requested that TCEQ approve a proposed rulemaking intended to respond to a series of industrial events occurring over...more

US EPA Issues Draft Strategic Plan

Emphasis on Environmental Justice and Climate Change - The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice...more

20 State Attorneys General Push Congress to Address Environmental Justice

Advancing Environmental Justice (“EJ”) is a central pillar of the Biden Administration. Beginning with President Biden’s Executive Order “Tackling the Climate Crisis at Home and Abroad,” signed during his first week in...more

A First Look at California’s Executive Order Banning Fuel-Burning Vehicles and Imposing Other Greenhouse Gas Reducing Restrictions

Potential wide-ranging impacts on Engines, Energy, Infrastructure and Shipping - California Governor Gavin Newsom’s Executive Order N-79-20 seeks to address climate change concerns and significantly reduce greenhouse gas...more

Return to Work: OSHA Fundamentals for the Oil and Gas

OSHA issued new guidance on July 8, 2020, for the oil and gas industry as part of its ongoing series of industry-specific guidance for mitigating occupational exposure risks to COVID-19. This guidance supplements OSHA’s...more

Energy Newsletter - June 2020

The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France - The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic. The...more

Return to Work: Answers for Pressing Environmental, Health & Safety Questions

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

EPA’s Revised Rule for Ethylene Oxide ("EtO") Manufacturers

In a just-released air toxics rule for miscellaneous organic chemical manufacturing (“MON”) sources, the U.S. Environmental Protection Agency (“EPA”) retains its controversial risk value for ethylene oxide (“EtO”). In doing...more

Is COVID-19 a Work-Related Illness?

A “Reasonable and Good Faith Inquiry” Checklist - On May 19, 2020, the United States Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued “Revised Enforcement Guidance for Recording Cases of...more

COVID-19: New OSHA/CDC Guidance For Manufacturing and Industrial Facilities

On May 12, the United States Department of Labor’s Occupational Safety and Health Administration (“OSHA”) and the Centers for Disease Control and Prevention (“CDC”) issued joint “interim” guidance for manufacturing and...more

What if Working Remotely or Social Distancing is Not Feasible?

The dramatic spread of the novel coronavirus—now commonly referred to as COVID-19—has raised troubling questions of shutdowns, cancellations, and alternative work arrangements for employers. Dealing with COVID-19, its...more

Emerging Regulation, Enforcement, and Litigation Involving Ethylene Oxide, a Critical Substance for Sterilizing Medical Products...

Ethylene oxide (“EtO”), one of the most widely used and effective substances for sterilizing medical products and devices, has come under intense scrutiny by the Environmental Protection Agency (“EPA”), the Food and Drug...more

EPA and NHTSA Take Regulatory Action to Revoke California Authority to Regulate Greenhouse Gas Emissions

Action May Have Far-Reaching Impacts - Today, the Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) announced a joint rule intended to substantially affect...more

Updates to EPA’s Risk Management Program Immediately Effective After D.C. Circuit Issues Unexpected Early Mandate

On Friday, August 31, 2018, the U.S. Court of Appeals for the District of Columbia unexpectedly granted a request to issue its mandate expeditiously following its decision regarding the U.S. Environmental Protection Agency’s...more

D.C. Circuit Vacates Risk Management Program Delay Rule

On August 17, 2018, the U.S. Court of Appeals for the District of Columbia vacated an Environmental Protection Agency (“EPA”)rule delaying the effective date of the Obama administration’s final rule updating EPA’s Risk...more

Energy Newsletter - April 2018

FERC Initiates Sweeping Reform of Ratemaking Treatment for Income Taxes - On March 15, 2018, the Federal Energy Regulatory Commission (FERC) released a series of issuances intended to address the need to reflect the lower...more

EPA Signals Changes to Clean Air Act Accidental Release Program

There are recent, noteworthy developments affecting the U.S. Environmental Protection Agency’s (“EPA”) accidental release program. On March 16, EPA defended its decision to delay implementation of an Obama-era rule updating...more

Energy Newsletter - January 2018

Gas Market Reform in Asia: an Update on the Implementation of Third Party Access to LNG Import Terminals - The rise of natural gas and LNG in Asia continues apace, fuelled by a convergence of plentiful global LNG supply,...more

D.C. Circuit Upholds OSHA Silica Rule

The U.S. Occupational Safety and Health Administration (OSHA) recently promulgated a new rule for respirable crystalline silica, with compliance obligations for the general industry beginning on June 23, 2018. Some industries...more

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