Sidley Environmental Trends

Topics discussed this week include:

  • Manufacturer held liable for asbestos-related injury stemming from replacement parts it did not make.
  • Novel watershed permit issued for Cape Cod towns.
  • CERCLA claims constitutionally barred against state government entities.
  • EPA to revisit Wood Heater New Source Performance Standards.
  • BLM must consider downstream greenhouse gas releases under NEPA.

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Energy Enforcement Update

This week’s enforcement update covers:

  • FERC issues Order Approving ENPM Stipulation and Consent Agreement;
  • Footprint Elects De Novo Review in FERC Show Cause Proceeding;
  • CFTC Announces Its Largest Ever Whistleblower Award of Approximately $30 Million, and First Award to a Foreign Whistleblower;
  • CFTC Staff Issues Research Report on Sharp Price Movements in the Commodity Futures Markets
  • SEC and CFTC Announce Approval of New MOU

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Sidley Environmental Trends

Topics discussed this week include

  • Supplemental legal analysis provides additional support for Administration’s narrower interpretation of “waters of the United States”
  • EPA proposes new volume requirements under Renewable Fuel Standard
  • EPA extends comment period of advance notice of proposed rulemaking on cost-benefit analyses
  • Rhode Island brings climate change suit against fossil fuel companies
  • EPA proposes “close-out” of upwind states’ interstate air transport obligations under 2008 ozone standard

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Lucia v. SEC: Implications for FERC ALJs

In Lucia v. Securities and Exchange Commission, the Supreme Court held 7-2 that Securities and Exchange Commission (“SEC”) administrative law judges (“ALJs”) are “officers of the United States” subject to the Constitution’s appointments clause, rather than employees.  The June 21, 2018 opinion for the Court was by Justice Kagan, and has implications for ALJs at the Federal Energy Regulatory Commission (“FERC”).

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Sidley Environmental Trends

Topics discussed this week include:

  • D.C. Circuit upholds the EPA’s “regional consistency” regulations
  • Federal district court in Georgia enjoins implementation of WOTUS rule in 11 states
  • The EPA approves Oklahoma CCR disposal plan
  • CEQ issues ANPRM requesting comment on how to update NEPA’s implementing regulations
  • ATSDR issues draft toxicological profile asserting that PFAS compounds may endanger human health at low levels

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Energy Enforcement Update

This week’s enforcement update covers:

  • FERC issues Order to Show Cause to Footprint for alleged tariff violations and submission of false information;
  • The Supreme Court denies TOTAL petition for writ of certiorari;
  • FERC settles with Duke Energy regarding alleged violation of FERC market behavior rule on communications;
  • CFTC orders Société Générale S.A. to pay $475 million penalty to resolve charges of alleged LIBOR and Euribor manipulation; and
  • U.S. Department of Justice announces new policy on coordination of corporate penalties.

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