Sidley Energy Blog

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

Sidley Environmental Trends

Sep 12 2018

Environmental Trends Contributors

Topics discussed this week include:

Petitioners ask Supreme Court to weigh in on whether Clean Water Act regulates discharges through groundwater to waters of the United States
EPA OECA issues guidance document on National Compliance Initiatives
DOI seeks comment on its NRD regulations
Eight states sue DOI, its Principal Deputy Solicitor, and FWS over MBTA guidance

Environmental Trends

Sidley Environmental Trends

Aug 27 2018

Environmental Trends Contributors

Topics discussed this week include:

EPA proposes Clean Power Plan replacement rule
Court issues nationwide injunction enjoining EPA delay of effective date of Obama administration’s “Waters of the United States” Rule effectively reinstating the Rule in 26 states
D.C. Circuit invalidates EPA’s delay of Obama administration Risk Management Plan Rule
Montana judge orders State Department to supplement environmental analysis for Keystone XL Pipeline

General

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