Sidley Environmental Trends

Topics discussed this week include:

  • U.S. Court of Appeals sides with industry on definition of solid waste rule.
  • Climate change nuisance suit to remain in federal court.
  • Mandamus denied in climate change litigation.
  • EPA proposes to allow aerosol can recycling.
  • EPA dismisses civil rights claim against coal ash landfill.
  • EPA finalizes selected changes to fugitive emission requirements for oil and natural gas sector.
  • Bisphenol A has minimal health effects, FDA says.
  • Court blocks Prop 65 labeling for glyphosate on free speech grounds.

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Energy Enforcement Update

This week’s enforcement update covers:

  • Powhatan and Chen file motion to dismiss FERC’s amended complaint;
  • FERC and Silkman/CES file motions for summary judgment regarding statute of limitations;
  • FERC Staff finds no withholding of pipeline capacity in New England markets;
  • BP files reply to FERC answer regarding on statute of limitations; and
  • FERC and ETRACOM stay discovery pending mediation.

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Sidley Environmental Trends

Topics discussed this week include:

  • Waters of the United States challenges proceed in district courts.
  • Court dismisses challenge to “two-for-one” executive order.
  • BLM proposes significant revisions to gas venting and flaring rule.
  • Court preliminarily enjoins BLM methane suspension rule.
  • EPA seeks comment on Clean Water Act discharges via groundwater.
  • Environmental groups challenge offshore general discharge permits.
  • EPA looks to settle renewable fuel standards suit.
  • Environmental groups challenge Louisiana regional haze plan.
  • Court ruled that EPA unlawfully extended deadline for formaldehyde rule.
  • White House legislative outline attempts to speed infrastructure construction.
  • Supreme Court denies certiorari for five environmental cases.
  • Colorado issues new rules for gathering lines.

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Sidley Environmental Trends

Topics discussed this week include:

  • DOJ and EPA issue guidance documents with implications for environmental enforcement.
  • EPA ends “once-in always-in” MACT policy.
  • EPA delays applicability of WOTUS rule, prompting lawsuits.
  • EPA issues proposed ROD Amendment for $236 million cleanup of West Lake Landfill Superfund Site.
  • EPA releases FY 2017 enforcement results.
  • Ninth Circuit holds that discharges through groundwater to waters of the United States are regulated under the Clean Water Act.
  • White House infrastructure plan proposes major changes to NEPA permitting process for projects.

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Energy Enforcement Update

This week’s enforcement update covers:

  • CFTC orders Deutsche Bank Securities Inc. to pay $70 million penalty for attempted manipulation of ISDAFIX benchmark;
  • CFTC and DOJ announce spoofing charges against banks and individuals;
  • FERC files amended complaint in case against Powhatan and Chen;
  • Judge grants joint motion on summary judgment procedure in FERC case against Silkman/CES;
  • FERC OE files answer to BP motion seeking dismissal based on statute of limitations;
  • FERC Chairman testifies on grid performance during recent weather events; and
  • FERC Commissioner Rich Glick stresses importance of FERC enforcement regime.

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Energy Enforcement Update

Our first enforcement update for 2018 covers:

  • FERC terminates DOE NOPR proceeding on grid resilience and initiates new proceeding;
  • FERC increases maximum civil penalties for violations;
  • TOTAL files petition for writ of certiorari in Supreme Court;
  • FERC loses again – Judge rules Powhatan and Chen are entitled to a de novo trial in district court;
  • Judge denies Silkman and CES objection to magistrate’s discovery rulings in district court; and
  • ERCOT proposes rule revisions to protect its jurisdictional independence from FERC.

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