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EPA Finalizes New Rule to Reduce and Reclaim Hydrofluorocarbons

EPA recently finalized the HFC Emissions Reduction and Reclamation Rule, which imposes strict requirements on industries relying on HFC-based refrigeration systems. Prior to the Biden administration leaving office, EPA...more

Trump 2.0: The Changing Landscape of Renewable Energy Regulation

The Trump administration is expected to take quick and decisive action to weaken the IRA once he takes office. Trump’s vow to end delays in federal drilling permits and leases for oil and gas production could benefit...more

The Dunes Sagebrush Lizard Saga Continues: FWS Lists the Species as Endangered, Draws Congressional Response

On May 20, 2024, the U.S. Fish and Wildlife Service published a final rule listing the dunes sagebrush lizard as endangered under the Endangered Species Act. The listing does not include a designation of critical habitat....more

Final Rules Ramping Up Endangered Species Act Regulations Now in Effect

The rules address the listing process for critical species and habitat designations, as well as protections for threatened species. In a reversal, the rules also revise the ESA Section 7 interagency consultation process...more

Revving Up: Eight States in Gear with Low-Carbon Fuel Standard Legislation

Eight states are currently considering legislation that would require reductions in the carbon intensity of transportation fuel sold in the state, which would substantially increase the demand for renewable fuel and...more

U.S. Fish & Wildlife Service Rolls Out BGEPA General Permit, Streamlining Wind and Power Line Project Approvals

Beginning April 12, 2024, USFWS will offer a general permit application for incidental take of bald and golden eagles for wind energy and power line projects. The general permit option will provide an alternative to...more

Understanding the EPA’s Final Renewable Fuel Standard Set Rule for 2023, 2024 and 2025

The EPA issued a final Renewable Fuel Standard (RFS) rule that announces the biofuel volume targets for 2023 – 2025 and provides a first look into the EPA’s plans for implementing the program moving forward. The RFS...more

The Senate Ratifies the Kigali Amendment, Strengthening U.S. Commitment to Phase Down Hydrofluorocarbons

Ratification of the Kigali Amendment formally commits the U.S. to a global effort to significantly reduce production and use of HFCs and reinforces the aggressive domestic HFC phasedown begun last year by the AIM...more

EPA Expands Requirements for Reducing Methane Emissions from Oil & Gas Production Sector

EPA proposes new emissions control requirements for new sources and existing sources and aims to reduce methane emissions by 74 percent by 2030. Regulations would require newly constructed oil and gas production facilities...more

EPA Proposes Rule to Implement AIM Act’s HFC Phasedown

Businesses are encouraged to provide input on EPA’s HFC allowance allocation process during the forthcoming public comment period. To achieve the objectives of the American Innovation and Manufacturing Act (AIM), which...more

Navigating the American Innovation and Manufacturing (AIM) Act’s Comprehensive HFC Phasedown

Industries impacted by the AIM Act’s HFC phasedown must prepare to address the costs and other challenges of complying with a new and emerging regulatory framework. The American Innovation and Manufacturing Act (AIM Act)...more

COVID-19 Pandemic Will Soon be Impacting Compliance with and Enforcement of Environmental Laws

EPA existing guidance provides some conceptual anchoring for informing evolving risk management considerations. - Regulated parties face disruption of their ability to comply with environmental, health & safety laws due...more

Trump Issues Executive Orders to Rein In Use of Guidance Documents in Enforcement Proceedings

Meant to enhance fairness and transparency in federal administrative enforcement, the new presidential EOs will significantly affect the practice of administrative law. Two recent Executive Orders will curtail use of...more

A New Path to Managing Risks from Upstream Oil and Gas Transactions

EPA incentivizes new owners to conduct compliance audits by offering penalty forgiveness for violations found. EPA’s newest enforcement proposal offers companies in the oil and gas production sector a valuable opportunity...more

Chemicals, Compliance and the Toxic Substances Control Act

The Toxic Substances Control Act (TSCA) required the compiling of a national register of chemicals that were manufactured in or imported into the United States for a non-exempt commercial purpose, and the first TSCA Inventory...more

Up in the Air - Will EPA rulemaking on carbon emission design standards for aircraft be the next Obama climate initiative on the...

Trump Administration officials followed up on the President’s June 1 announcement of U.S. withdrawal from the Paris climate accord by announcing that the Administration was reviewing U.S. participation in ICAO’s global...more

DOJ Ban Pushes Third Parties to the Periphery - A new restriction on settlement payments could limit role of Supplemental...

A one-page memorandum from Attorney General Jeff Sessions could cause significant changes to how settling defendants can use supplemental environmental projects (SEPs) in settling Department of Justice (DOJ) environmental...more

Clock is Ticking on TSCA Inventory Reset - EPA to issue final rule in coming weeks that imposes sweeping new notification...

The 2016 amendments to the Toxic Substances Control Act (TSCA or the Act), modified Section 8(b) of the statute to require the United States Environmental Protection Agency (EPA) to designate each chemical substance on the...more

U.S. EPA Finds Greenhouse Gas Emissions from Aircraft Endanger Public Health—a First Step in Adoption of New ICAO Standards

The International Civil Aviation Organization (ICAO) released a draft rule in February of this year proposing a new standard for reducing GHG emissions in new and in-production commercial aircraft. In the wake of the proposed...more

EPA Doubles Down with Expansive New Methane Regulation

The Obama administration took two major steps in implementing its comprehensive climate change strategy this month, setting first-ever methane emissions standards for new, reconstructed and modified sources and simultaneously...more

A New Day in Chemical Regulation - What You Need to Know about the 2016 TSCA Amendments

On June 7, 2016, the Senate passed a revised version of the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” (S. 697), which the House of Representatives had already approved, to enact sweeping amendments to the...more

EPA Charts Middle Path for Making “Stationary Source” and “Major Source” Determinations: In Clarifying Meaning of Term “Adjacent,”...

A quarter mile is a common distance used for horse racing, drag racing, and track and field sprints. It is now also the farthest distance at which U.S. Environmental Protection Agency (EPA) will consider two emission sources...more

Risky Business: EPA Plans Enhanced Enforcement Focus on Chemical Safety

EPA has made reducing the risk of accidental releases of hazardous chemicals at industrial and chemical facilities one of its top enforcement priorities for 2017 to 2019. This increased enforcement focus on industrial...more

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