Transportation Agencies Update Environmental Review Process for Infrastructure Projects

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.

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The Environmental Agenda: A Post-Election Review

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.

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Energy Enforcement Update

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.

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Sidley Environmental Trends

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.

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Energy Enforcement Update

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.

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