Join Sidley for the Environmental Law Institute’s People Places Planetpodcast series, “The Enforcement Angle.” Through this series, Sidley partners discuss state and federal enforcement of environmental laws and regulations with senior enforcement officials and thought leaders on environmental enforcement in the United States and globally. The featured guests offer their insights into the challenging environmental issues facing corporations today.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Justin A. Savagehttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngJustin A. Savage2023-02-09 11:02:532023-02-09 12:43:30The Enforcement Angle: The New Mexico Environment Department
On Tuesday, January 31, EPA Administrator Michael Regan finalized EPA’s disapproval of State Implementation Plan (SIP) submissions for 19 states regarding the interstate transport of ozone under the 2015 eight-hour ozone national ambient air quality standards (NAAQS) of 70 parts per billion. Under the Clean Air Act, states were required to submit SIPs for the 2015 eight-hour ozone standard by October 1, 2018. The Clean Air Act required the SIPs to include “good neighbor” provisions, which prohibit emissions that either significantly contribute to nonattainment in a neighboring state or interfere with maintenance of the NAAQS in a neighboring state.
https://sidleyenergyblog.sidley.com/wp-content/uploads/sites/4/2022/08/MN-18268-Updated-Environmental-and-Energy-Brief-Blog-WIND-TURBINES-IN-DESERT.jpg606833Samuel B. Boxermanhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSamuel B. Boxerman2023-02-09 09:08:592023-03-03 15:14:18EPA Acts on Interstate Transport Requirements for Ozone Under State Implementation Plans
On Monday, January 30, 2023, the White House Council on Environmental Quality (CEQ) sent to the Office of Management and Budget (OMB) Phase 2 of its proposal to revise the National Environmental Policy Act (NEPA) implementing rules released under the prior administration. Litigation surrounding the prior administration’s rules is stayed pending CEQ’s ongoing efforts. OMB review is a necessary prerequisite before CEQ can publish any new rule in the Federal Register and follows release of Phase 1 of CEQ’s implementing rules last April, which the administration described as restoring pre-2020 requirements for agencies to assess direct, indirect, and cumulative effects of proposed actions under NEPA.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Samuel B. Boxermanhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSamuel B. Boxerman2023-02-07 09:04:122023-02-06 11:47:45White House Council on Environmental Quality Moves Updates to National Environmental Policy Act Implementation Rule
On February 2, 2023, the U.S. Senate Committee on Energy and Natural Resources convened a full committee hearing to examine the U.S. Department of Energy (DOE) implementation of the Infrastructure Investment and Jobs Act (IIJA). The sole witness during the hearing was David Turk, DOE Deputy Secretary. During his remarks, Deputy Secretary Turk noted that the IIJA provided more than $62 billion in funding to DOE and requires DOE to develop 60 new programs and expand funding for 12 existing programs. Deputy Secretary Turks stated that as of January 30, 2023, DOE had solicited 50 Requests for Information for public input on IIJA program design, released 38 Funding Opportunity Announcements worth more than $37 billion in initial investments for IIJA programs, conditionally awarded $1.1 billion in zero-emission energy generation credits, and made available $4.25 billion in formula funding for energy efficiency improvements to state and local governments and tribal nations. With respect to electric transmission, the DOE Grid Deployment Office announced its first Request for Proposals regarding the Transmission Facilitation Program, a $2.5 billion revolving fund program that will help develop new large-scale transmission lines and upgrade existing transmission.
https://sidleyenergyblog.sidley.com/wp-content/uploads/sites/4/2022/08/MN-18268-Updated-Environmental-and-Energy-Brief-Blog-SOLAR-PANEL-ARRAY-FROM-ABOVE.jpg606833Keturah A. Brownhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngKeturah A. Brown2023-02-06 10:16:012023-02-08 12:45:09U.S. Senate Committee on Energy and Natural Resources Holds Hearing on Department of Energy IIJA Implementation
For the first time since 2009, the U.S. Bureau of Ocean Energy Management (BOEM) is proposing to modernize rules promulgated by its predecessor, the Minerals Management Service (MMS), facilitating the development of wind energy resources on the outer continental shelf (OCS). The 93-page proposed rule, published in the Federal Register Monday, covers decommissioning, geophysical and geotechnical survey submission requirements, approval of meteorological (met) buoys, project verification procedures, and BOEM’s renewable energy auction process, among many others. A related, final rule codifies the division of responsibility between BOEM and another MMS successor, the Bureau of Safety and Environmental Enforcement, as set forth in a December 2020 memorandum of understanding.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Brooklyn Hildebrandthttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngBrooklyn Hildebrandt2023-01-31 10:08:082023-02-08 12:44:40U.S. Interior Proposes Renewable Energy Regulations for the Outer Continental Shelf
On January 19, 2023, the U.S. Federal Energy Regulatory Commission (FERC) issued a final rule (RM22-3) (the Rule) directing the North American Electric Reliability Corporation (NERC) to develop and submit for approval reliability standards that require internal network security monitoring (INSM) within a trusted Critical Infrastructure Protection (CIP) networked environment for all high-impact bulk electric system (BES) cyber systems and medium-impact BES cyber systems with external routable connectivity. FERC also directed NERC to study all low-impact BES cyber systems and medium-impact BES cyber systems without external routable connectivity (Other BES). NERC has 15 months to submit its proposed reliability standards for approval and 12 months to submit a report on its study of the Other BES.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Jimmie Zhanghttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngJimmie Zhang2023-01-30 10:03:142023-01-30 10:03:14Federal Energy Regulatory Commission Directs North American Electric Reliability Corporation to Update Cybersecurity Standards
On January 18, 2023, the Biden administration published its Final Rule revising the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA). Wetlands and waterways that meet the definition of WOTUS are protected by the CWA and subject to the U.S. Environmental Protection Agency’s and Army Corps of Engineers’ jurisdiction. However, the term is not defined in the statute. As such, the federal agencies’ interpretation of WOTUS determines which waters are subject to the CWA permitting requirements.
https://sidleyenergyblog.sidley.com/wp-content/uploads/sites/4/2022/08/MN-18268-Updated-Environmental-and-Energy-Brief-Blog-TANKER.jpg606833Greta T. Carlsonhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngGreta T. Carlson2023-01-26 09:04:432023-02-08 12:45:59Biden Administration Publishes Final Rule Redefining “Waters of the United States”
On January 10, 2023, the Department of the Interior (DOI) Bureau of Ocean Energy Management (BOEM) signed a Notice of Proposed Rulemaking (NOPR) regarding an update to the regulations governing the development of offshore wind energy on the Outer Continental Shelf (OCS) in an effort to modernize the existing regulations and facilitate development to meet the U.S. climate and renewable energy objectives. The existing regulations for leasing and managing OCS renewable energy activities were promulgated by the Minerals Management Service (BOEM’s predecessor) on April 29, 2009 (as authorized by the Energy Policy Act of 2005 and the OCS Lands Act).
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Marissa Prietohttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngMarissa Prieto2023-01-25 09:11:592023-01-25 09:11:59U.S. Department of the Interior Bureau of Ocean Energy Management Proposes Update for Offshore Renewable Energy Regulations
The Enforcement Angle: The New Mexico Environment Department
Join Sidley for the Environmental Law Institute’s People Places Planet podcast series, “The Enforcement Angle.” Through this series, Sidley partners discuss state and federal enforcement of environmental laws and regulations with senior enforcement officials and thought leaders on environmental enforcement in the United States and globally. The featured guests offer their insights into the challenging environmental issues facing corporations today.
(more…)
Justin A. Savage
Washington, D.C.
jsavage@sidley.com
EPA Acts on Interstate Transport Requirements for Ozone Under State Implementation Plans
On Tuesday, January 31, EPA Administrator Michael Regan finalized EPA’s disapproval of State Implementation Plan (SIP) submissions for 19 states regarding the interstate transport of ozone under the 2015 eight-hour ozone national ambient air quality standards (NAAQS) of 70 parts per billion. Under the Clean Air Act, states were required to submit SIPs for the 2015 eight-hour ozone standard by October 1, 2018. The Clean Air Act required the SIPs to include “good neighbor” provisions, which prohibit emissions that either significantly contribute to nonattainment in a neighboring state or interfere with maintenance of the NAAQS in a neighboring state.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Aaron L. Flyer
Washington, D.C.
aflyer@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
White House Council on Environmental Quality Moves Updates to National Environmental Policy Act Implementation Rule
On Monday, January 30, 2023, the White House Council on Environmental Quality (CEQ) sent to the Office of Management and Budget (OMB) Phase 2 of its proposal to revise the National Environmental Policy Act (NEPA) implementing rules released under the prior administration. Litigation surrounding the prior administration’s rules is stayed pending CEQ’s ongoing efforts. OMB review is a necessary prerequisite before CEQ can publish any new rule in the Federal Register and follows release of Phase 1 of CEQ’s implementing rules last April, which the administration described as restoring pre-2020 requirements for agencies to assess direct, indirect, and cumulative effects of proposed actions under NEPA.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Aaron L. Flyer
Washington, D.C.
aflyer@sidley.com
U.S. Senate Committee on Energy and Natural Resources Holds Hearing on Department of Energy IIJA Implementation
On February 2, 2023, the U.S. Senate Committee on Energy and Natural Resources convened a full committee hearing to examine the U.S. Department of Energy (DOE) implementation of the Infrastructure Investment and Jobs Act (IIJA). The sole witness during the hearing was David Turk, DOE Deputy Secretary. During his remarks, Deputy Secretary Turk noted that the IIJA provided more than $62 billion in funding to DOE and requires DOE to develop 60 new programs and expand funding for 12 existing programs. Deputy Secretary Turks stated that as of January 30, 2023, DOE had solicited 50 Requests for Information for public input on IIJA program design, released 38 Funding Opportunity Announcements worth more than $37 billion in initial investments for IIJA programs, conditionally awarded $1.1 billion in zero-emission energy generation credits, and made available $4.25 billion in formula funding for energy efficiency improvements to state and local governments and tribal nations. With respect to electric transmission, the DOE Grid Deployment Office announced its first Request for Proposals regarding the Transmission Facilitation Program, a $2.5 billion revolving fund program that will help develop new large-scale transmission lines and upgrade existing transmission.
(more…)
Keturah A. Brown
Washington, D.C.
kbrown@sidley.com
Sarah Tucker
Washington, D.C.
stucker@sidley.com
U.S. Interior Proposes Renewable Energy Regulations for the Outer Continental Shelf
For the first time since 2009, the U.S. Bureau of Ocean Energy Management (BOEM) is proposing to modernize rules promulgated by its predecessor, the Minerals Management Service (MMS), facilitating the development of wind energy resources on the outer continental shelf (OCS). The 93-page proposed rule, published in the Federal Register Monday, covers decommissioning, geophysical and geotechnical survey submission requirements, approval of meteorological (met) buoys, project verification procedures, and BOEM’s renewable energy auction process, among many others. A related, final rule codifies the division of responsibility between BOEM and another MMS successor, the Bureau of Safety and Environmental Enforcement, as set forth in a December 2020 memorandum of understanding.
(more…)
Brooklyn Hildebrandt
Washington, D.C.
bhildebrandt@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Federal Energy Regulatory Commission Directs North American Electric Reliability Corporation to Update Cybersecurity Standards
On January 19, 2023, the U.S. Federal Energy Regulatory Commission (FERC) issued a final rule (RM22-3) (the Rule) directing the North American Electric Reliability Corporation (NERC) to develop and submit for approval reliability standards that require internal network security monitoring (INSM) within a trusted Critical Infrastructure Protection (CIP) networked environment for all high-impact bulk electric system (BES) cyber systems and medium-impact BES cyber systems with external routable connectivity. FERC also directed NERC to study all low-impact BES cyber systems and medium-impact BES cyber systems without external routable connectivity (Other BES). NERC has 15 months to submit its proposed reliability standards for approval and 12 months to submit a report on its study of the Other BES.
(more…)
Jimmie Zhang
Washington, D.C.
jzhang@sidley.com
Christopher J. Polito
Washington, D.C.
cpolito@sidley.com
Terence T. Healey
Boston
thealey@sidley.com
Sarah Tucker
Washington, D.C.
stucker@sidley.com
Biden Administration Publishes Final Rule Redefining “Waters of the United States”
On January 18, 2023, the Biden administration published its Final Rule revising the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA). Wetlands and waterways that meet the definition of WOTUS are protected by the CWA and subject to the U.S. Environmental Protection Agency’s and Army Corps of Engineers’ jurisdiction. However, the term is not defined in the statute. As such, the federal agencies’ interpretation of WOTUS determines which waters are subject to the CWA permitting requirements.
(more…)
Greta T. Carlson
Houston
greta.carlson@sidley.com
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
U.S. Department of the Interior Bureau of Ocean Energy Management Proposes Update for Offshore Renewable Energy Regulations
On January 10, 2023, the Department of the Interior (DOI) Bureau of Ocean Energy Management (BOEM) signed a Notice of Proposed Rulemaking (NOPR) regarding an update to the regulations governing the development of offshore wind energy on the Outer Continental Shelf (OCS) in an effort to modernize the existing regulations and facilitate development to meet the U.S. climate and renewable energy objectives. The existing regulations for leasing and managing OCS renewable energy activities were promulgated by the Minerals Management Service (BOEM’s predecessor) on April 29, 2009 (as authorized by the Energy Policy Act of 2005 and the OCS Lands Act).
(more…)
Marissa Prieto
mprieto@sidley.com
Sarah Tucker
Washington, D.C.
stucker@sidley.com
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