Sidley Energy Blog

Topics discussed this week include:

EPA issues first of three revisions to coal ash regulations
EPA supports request to formally end Clean Power Plan litigation
States sue NHTSA over rule reducing CAFE penalties
EPA proposes to revise New Source Review standards
EPA moves to dismiss claim seeking asbestos rulemaking under APA

Environmental Trends

Sidley Environmental Trends

Jul 29 2019

Environmental Trends Contributors

Topics discussed this week include:

Interest groups kick off challenges to EPA’s Affordable Clean Energy rule
D.C. Circuit upholds EPA decision not to impose new financial assurance requirements on hardrock mining operators
Fourth Circuit vacates Atlantic Coast Pipeline permit
EPA declines to ban the pesticide chlorpyrifos
Maryland high court holds that state agency supersedes county zoning boards on solar zoning

Environmental Trends

Sidley Environmental Trends

Jul 17 2019

Environmental Trends Contributors

Topics discussed this week include:

EPA proposes to decline to set CERCLA financial assurance rule for electric power industry.
D.C. Circuit upholds RCRA transfer-based exclusion.
EPA proposes renewable volume obligations for 2020.
EPA issues final enforcement policy on coordination with and delegation to states.

Electricity, Energy, Environmental Trends, EPA

Sidley Environmental Trends

Jul 03 2019

Environmental Trends Contributors

Topics discussed this week:

EPA finalizes Clean Power Plan repeal and promulgates Affordable Clean Energy rule
U.S. Senate passes defense bill with PFAS requirements
Council on Environmental Quality issues draft guidance on considering GHGs in environmental impact reviews
Solicitor General asks for Supreme Court review of Atlantic Coast Pipeline decision
EPA air chief steps down

Environmental Trends

Sidley Environmental Trends

Jun 18 2019

Environmental Trends Contributors

Topics discussed this week include

Trump executive order directs agencies to reduce federal advisory committees
D.C. Circuit dismisses Clean Air Act Title V challenge
Michigan AG office drops pending Flint water crisis criminal charges
EPA updates FY2020-23 National Compliance Initiatives
Department of the Interior restores federal mineral lease fees to Obama-era levels
TVA agrees to close coal ash pit at Gallatin Fossil Plant

General

Birckhead v. FERC – A FERC Pipeline Win That Could Lead to Future Pipeline Losses

Jun 06 2019

Emily P. Mallen

On June 4, 2019, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) offered non-binding advice to the Federal Energy Regulatory Commission (“FERC”) on how it should perform environmental reviews of greenhouse gas (“GHG”) emissions when it considers new natural gas pipeline projects. While the opinion in Birckhead v. FERC ultimately upheld FERC’s order permitting a new natural gas compressor station near Nashville, Tennessee, the court devoted several pages of dicta on what upstream and downstream GHG emissions data FERC should be gathering to comply with the National Environmental Policy Act (“NEPA”).

FERC, GHG, NEPA

Sidley Environmental Trends

Jun 03 2019

Environmental Trends Contributors

Topics discussed this week include:

EPA to allow sales of higher ethanol fuel in the summer
EPA finalizes guidance on PM2.5 requirements
Clean Water Rule remanded by one federal court, held in effect by another
EPA Administrator issues memo on cost-benefit analysis in rulemakings

Environmental Trends

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Sidley Environmental Trends

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Birckhead v. FERC – A FERC Pipeline Win That Could Lead to Future Pipeline Losses

Sidley Environmental Trends

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