Agreements

EP4 – What’s New and What’s Next for the Enhanced Equator Principles?

Air

To Achieve Carbon Neutrality by 2045, CARB Proposes 2022 Scoping PlanCalifornia’s 2022 Proposed Final Scoping PlanEPA Proposes Groundbreaking New Transport Rule for Ozone Air Pollution

Batteries

The EU Drive toward a Sustainable Battery Framework and Seeing Around the Corner in the US

California

To Achieve Carbon Neutrality by 2045, CARB Proposes 2022 Scoping PlanCalifornia’s 2022 Proposed Final Scoping PlanBOEM Prepares for California Offshore Wind Energy Area with Request for Public Comments on Draft Environmental Assessment

Carbon

EPA Proposes to Give Louisiana Authority for CO2 Injection Permits Under Condition that State Permit Process Includes Robust Environmental Justice Analysis and OutreachHouse of Representatives Approves Class VI Primacy AmendmentCEQ CCUS Task Force Announcement

Carbon Markets

DOE Issues FOA for Carbon Capture Large-Scale Pilots and Carbon Capture Demonstration Projects ProgramDOE Issues NOI for Carbon Utilization Procurement GrantsCCUS on the Threshold of Significant Ramp-up

CERCLA

What could the US EPA’s proposed Superfund listing for PFOA and PFOS mean for industry?Supreme Court grants Certiorari in Guam CERCLA CaseEPA Declines to Impose CERCLA Financial Assurance Requirements on Three Industry Sectors

Chemicals

EPA Releases Proposed Rule under TSCA to Ban or Restrict Most Uses of Methylene ChlorideEPA Proposes National Primary Drinking Water Regulation to Set Stringent Limits on PFAS in Drinking Water, Including Four Newly Targeted SubstancesEPA Proposes A Cumulative Risk Approach for Chemical Risk Assessment under TSCA

Climate

European Union Adopts Corporate Sustainability Reporting Directive With Impacts Beyond EuropeEmerging EU ESG Requirements: Transatlantic Implications for Multinational CompaniesWhat’s Worth Understanding: The SEC Proposes a Mandatory Climate Disclosure Regime for Public Companies

Coal

Fourth Circuit Ruling Narrowly Construes Administrative Enforcement Bar to Clean Water Act Citizen SuitArticle III Standing Still Proving to be a Formidable Defense to Environmental Citizen SuitsCourts Begin to Apply County of Maui to Clean Water Act Claims

Duty to Defend

Webinar on the SAFETY Act, Security and InsuranceFERC's CIP Information Proposal: Is it Time to Tip the Scale Toward Security?Inside Look: Managing Threat in Today's Cybersecurity Landscape

Election

A Preview of ESG Regulation under the Biden AdministrationFERC Affirms ROE Methodology for Public UtilitiesEnergy and Environmental Legislation in the 117th Congress

Endangered Species

Here We Go Again: Lesser Prairie-Chicken Re-Listed Under the Endangered Species ActCourt Vacatur of Comprehensive 2019 Endangered Species Act Rules Raises Big QuestionsFifth Circuit Endorses Broad Reading of “Removal” Under CERCLA To Bar RCRA Citizen Suit

Energy Transition

DOE Publishes Notice of Intent to Fund Clean Hydrogen ProjectsFirst Offshore Wind Energy Lease Sale in the Pacific Creates Opportunity for DevelopersTexas Takes Much-Anticipated Steps to Streamline Permitting and Assume Regulatory Authority for Carbon Sequestration Wells

Enforcement

TRENDING: EPA’s Proposed Enforcement & Compliance Initiatives Continue Heightened Focus on Environmental Justice and Climate Change, While Honing in on PFAS ContaminationEPA’s FY2022 Enforcement Results: Key Focus on Environmental Justice and Climate ChangeEPA Releases Annual Enforcement Statistics for 2021, Announces “Rigorous Enforcement is Back”

Environmental Justice

EPA Proposes to Give Louisiana Authority for CO2 Injection Permits Under Condition that State Permit Process Includes Robust Environmental Justice Analysis and OutreachNew Environmental Justice Executive Order Includes Additional Requirements and Accountability Measures for Federal Agency Environmental Justice EffortsTRENDING: EPA’s Proposed Enforcement & Compliance Initiatives Continue Heightened Focus on Environmental Justice and Climate Change, While Honing in on PFAS Contamination

Environmental Law

To Achieve Carbon Neutrality by 2045, CARB Proposes 2022 Scoping PlanEuropean Union Adopts Corporate Sustainability Reporting Directive With Impacts Beyond EuropeTCEQ Approves Changes to Compliance History Rules Focused on Industrial Incidents

EPA

EPA Releases Proposed Rule under TSCA to Ban or Restrict Most Uses of Methylene ChlorideHouse of Representatives Approves Class VI Primacy AmendmentPresident Biden’s Second Veto Is on Congress’ Disapproval of EPA’s Revised Definition of WOTUS

ESG

President Biden’s First Veto is on Congress’ Disapproval of ESG Investing RuleEuropean Union Adopts Corporate Sustainability Reporting Directive With Impacts Beyond EuropeEmerging EU ESG Requirements: Transatlantic Implications for Multinational Companies

General

Biden Administration Changes White House Regulatory ReviewTCEQ Develops Standard Permit for Marine Loading OperationsFERC Affirms ROE Methodology for Public Utilities

General Liability

D&O Insurance Issues Arising from the COVID-19 CrisisSupreme Court Addresses the Scope of CWA Jurisdiction Once AgainWebinar on the SAFETY Act, Security and Insurance

Manufacturing

Maine Department of Environmental Protection Releases Proposed Rule Implementing the Procedures for Maine’s Reporting Requirements and Prohibitions for Products Containing PFASDOE Publishes Notice of Intent to Fund Clean Hydrogen ProjectsFourth Circuit Ruling Narrowly Construes Administrative Enforcement Bar to Clean Water Act Citizen Suit

Mining

Fourth Circuit Ruling Narrowly Construes Administrative Enforcement Bar to Clean Water Act Citizen SuitFederal Court Finds Tort Claims Preempted by CERCLA Consent DecreeFourth Circuit Holds that Mine Not Liable Under Surface Mining Act When CWA Permit Shield Applies

Natural Resources

Federal Judge Rules for Vineyard Wind in First of Four Pending ActionsDOE Identifies Pathways for the Large-Scale Commercialization of Clean Energy TechnologiesFirst Offshore Wind Energy Lease Sales in the Gulf of Mexico

Oil & Gas

Here We Go Again: Lesser Prairie-Chicken Re-Listed Under the Endangered Species ActBOEM Resumes OCS Lease Sales 258 and 259Fourth Circuit Ruling Narrowly Construes Administrative Enforcement Bar to Clean Water Act Citizen Suit

PFAS

EPA Proposes National Primary Drinking Water Regulation to Set Stringent Limits on PFAS in Drinking Water, Including Four Newly Targeted SubstancesMaine Department of Environmental Protection Releases Proposed Rule Implementing the Procedures for Maine’s Reporting Requirements and Prohibitions for Products Containing PFASAnnouncement: Recent Regulatory Agendas Show Numerous Delayed Awaited Agency Actions on PFAS and TSCA Chemicals

Policy

Federal Judge Rules for Vineyard Wind in First of Four Pending ActionsBiden Administration Changes White House Regulatory ReviewNew Environmental Justice Executive Order Includes Additional Requirements and Accountability Measures for Federal Agency Environmental Justice Efforts

Renewables

Federal Judge Rules for Vineyard Wind in First of Four Pending ActionsDOE Identifies Pathways for the Large-Scale Commercialization of Clean Energy TechnologiesFirst Offshore Wind Energy Lease Sales in the Gulf of Mexico

Trade Agreements

The USMCA, Trade, and the Environment

Utilities

Concurrent-Remedies Doctrine Bars Clean Water Act ClaimsFourth Circuit Ruling Narrowly Construes Administrative Enforcement Bar to Clean Water Act Citizen SuitFederal Court Finds Tort Claims Preempted by CERCLA Consent Decree

Waste

Concurrent-Remedies Doctrine Bars Clean Water Act ClaimsLiability Looms Large as EPA Seeks Naming Certain PFAS as CERCLA Hazardous SubstancesFourth Circuit Ruling Narrowly Construes Administrative Enforcement Bar to Clean Water Act Citizen Suit

Water

House of Representatives Approves Class VI Primacy AmendmentPresident Biden’s Second Veto Is on Congress’ Disapproval of EPA’s Revised Definition of WOTUSConcurrent-Remedies Doctrine Bars Clean Water Act Claims