Sidley Energy Blog

Regulations issued Monday could create a faster, less duplicative environmental review process for transportation infrastructure projects. Under the rule, the Federal Highway Administration (FHWA), the Federal Railroad Administration (FRA) and the Federal Transit Administration (FTA) will share a single set of Section 4(f) and National Environmental Policy Act (NEPA) regulations, with minor differences. 83 Fed. Reg. 54,480 (Oct. 29, 2018). The agencies explain that the changes “will provide a more consistent and predictable process for potential project sponsors, especially those that engage in environmental reviews for more than one mode of surface transportation.” Id. at 54,482. By joining the 23 C.F.R. part 771 regulations, FRA also fulfills its obligation under the Fixing America’s Surface Transportation (FAST) Act. The regulations go into effect November 28.

EIS, NEPA

The Environmental Agenda: A Post-Election Review

Nov 01 2018

Environmental Trends Contributors

WEBINAR
Thursday, November 15, 2018 | 11:00 a.m. – 12:00 p.m. ET

With the midterm elections behind us, our panelists will reflect on the Administration’s deregulatory agenda to date and offer their outlook for the next two years of the Trump Administration on environmental legislation, regulation and enforcement, including:

The changes in the Congress and how those may impact key committees, increase oversight of EPA and other agencies, and result in renewed focus on climate change.
The repeal and modification of signature Obama regulations, such as the Clean Power Plan, New Source Performance Standards regulating emissions from oil and gas sources, and WOTUS.
The Administration’s policy agenda, including NSR reform, changes to rules governing NEPA and the ESA, and approach to enforcement.

SPEAKERS

Sam Boxerman, Partner, Sidley Austin (Moderator)
Rick Boucher, Partner, Sidley Austin and former U.S. Congressman
Dan Byers, Vice President, Policy, Global Energy Institute
Rachel Jones, Senior Director of Policy, Energy and Resources, National Association of Manufacturers

PLEASE CLICK HERE TO REGISTER

For questions or additional information regarding this event, please contact dcevents@sidley.com.

General

Sidley Environmental Trends

Oct 31 2018

Environmental Trends Contributors

Topics discussed this week include:

Supreme Court stays youths’ climate change suit pending review.
EPA withdraws proposed uranium mining regulations.
Environmental groups request Sixth Circuit reconsider Clean Water Act coal ash pond ruling.
EPA Environmental Appeals Board rejects use of battery storage as BACT.

Environmental Trends

Energy Enforcement Update

Oct 18 2018

Kenneth Irvin, Terence Healey, Christopher Polito and Sharon Rose

This week’s enforcement update covers:

CFTC announces Insider Trading & Information Protection Task Force;
FERC approves settlement with Wheelabrator Technologies Inc. related to capacity payments;
Second Circuit upholds New York zero emission credits for nuclear facilities;
Petrobras pays over $1.7 billion to settle corruption charges with U.S. and Brazilian authorities;
Judge denies Powhatan and Chen motion to dismiss on statute of limitations grounds;
CFTC finds Mizuho Bank, Ltd. engaged in spoofing of Treasury futures and Eurodollar futures;
CFTC finds that proprietary trading firm Geneva Trading USA, LLC engaged in spoofing;
FERC Enforcement requests that Commission vacate Order to Show Cause to Footprint; and
CFTC orders futures trader and trading firm to pay $2.3 million in penalties for spoofing and manipulative scheme.

CFTC, FCPA, FERC, Spoofing, ZEC

Sidley Environmental Trends

Oct 18 2018

Environmental Trends Contributors

Topics discussed this week include

Fifth Circuit allows possibility of injunctive relief for time-barred NSR claims.
Supreme Court denies cert. for two environmental cases.
Environmental groups challenge Oklahoma coal ash permitting scheme.
FERC-approved pipelines stopped as Commission nominee gets hearing.
PHMSA rescinds electronic braking rule for crude oil trains.

Environmental Trends

Sidley Environmental Trends

Sep 24 2018

Environmental Trends Contributors

Topics discussed this week include

EPA proposes rescinding Obama-era leak repair provisions for appliances using substitute refrigerants.
BLM releases revised 2016 Methane and Waste Prevention Rule.
EPA denies petitions by Delaware and Connecticut on cross-state emissions.
D.C. Circuit upholds decision to vacate 2008 ozone NAAQS implementation rule.

General

Energy Enforcement Update

Sep 17 2018

Kenneth Irvin, Terence Healey, Christopher Polito and Sharon Rose

This week’s enforcement update covers:

Commodity Trading Adviser (CTA) violation settled with CFTC;
CFTC and Kraft file motions for summary judgment;
CFTC files 12 enforcement actions addressing registration, position limits, recordkeeping, supervision and reporting;
Seventh Circuit upholds Illinois zero emissions credits for nuclear facilities;
Judge denies class action lawsuit alleging antitrust violations in New England gas market;
CFTC Staff issues report on impact of U.S. tight oil on NYMEX WTI futures contract;
CFTC orders BNP Paribas to pay $90 million penalty for attempted manipulation and false reporting of U.S. Dollar ISDAFIX benchmark swap rates; and
FERC issues notice of intent to revoke MBR authority to five entities for failure to file EQRs.

CFTC, CTA, FERC, Nuclear, SEC, ZEC

Transportation Agencies Update Environmental Review Process for Infrastructure Projects

The Environmental Agenda: A Post-Election Review

Sidley Environmental Trends

Energy Enforcement Update

Sidley Environmental Trends

Sidley Environmental Trends

Energy Enforcement Update

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